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HomeMy WebLinkAbout02-22-10 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the 7:00 p.m. posted start time. Page 1 of 4 TOWN OF WESTLAKE, TEXAS Mission Statement On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our rich culture and urban location. Westlake, Texas – A Premier Knowledge Based Community TOWN COUNCIL MEETING AGENDA February 22, 2010 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session 4:30 p.m. Regular Session 7:00 p.m. Workshop Session 1. CALL TO ORDER 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM FEBRUARY 22, 2010, COUNCIL REGULAR MEETING AGENDA. Page 2 of 4 3. PRESENTATION AND DISCUSSION BY THE KELLER POLICE DEPARTMENT OF THE 2009 ANNUAL SERVICE AND ACTIVITY REPORT FOR POLICE SERVICES AND THE RACIAL PROFILING REPORT. 4. DISCUSSION OF THE QUARTERLY FINANCIAL DASHBOARD FOR THE QUARTER ENDED DECEMBER 31, 2009. 5. PRESENTATION OF UPDATES AND DISCUSSION OF THE STATUS OF THE TOWN STRATEGIC PLAN. 6. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Presentation of Government Finance Officers Association’s “Certificate of Achievement for Excellence in Financial Reporting”. 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 Town Council meeting held on January 25, 2009. b. Consider approval of Resolution 10-03, Amending the Town of Westlake Identity Theft Prevention Policy. c. Consider approval of Resolution 10-04, Accepting the Racial Profiling report as prepared by the City of Keller Police Department. d. Consider approval of Resolution 10-05, Approving amendments to the Town Facility Use policy relative to capital projects and facility modification/improvement projects at the Westlake Academy campus. Page 3 of 4 5. DISCUSS AND CONSIDER ORDINANCE NO. 633, AMENDING CHAPTER 70, SIGNS OF THE CODE OF ORDINANCES WHICH REGULATES THE ERECTION, STRUCTURAL ALTERATION AND MAINTENANCE OF OUTDOOR SIGNS. 6. 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. Mayor Wheat Invite Russell Laughlin to speak regarding transportation and growth in the area. Mayor Wheat DFW Connector Project presentation. 7. COUNCIL CALENDAR - Westlake Academy Gallery Night event February 26, 2010 6:00 – 10:30 pm - Town Council Meeting February 22, 2010 - Town Council Meeting March 22, 2010 - Town Council Meeting April 26, 2010 - Bandana Bonanza May 1, 2010 - Election Day May 8, 2010 - Westlake Academy Graduation May 23, 2010 - Decoration Day May 31, 2010 Page 4 of 4 8. 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. I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, February 18, 2010, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. CERTIFICATION _____________________________________ 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. 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 Town Council meeting held on January 25, 2009. b. Consider approval of Resolution 10-03, Amending the Town of Westlake Identity Theft Prevention Policy. c. Consider approval of Resolution 10-04, Accepting the Racial Profiling report as prepared by the City of Keller Police Department. d. Consider approval of Resolution 10-05, Approving amendments to the Town Facility Use policy relative to capital projects and facility modification/improvement projects at the Westlake Academy campus. Town of Westlake Item # 2 – Review of Consent Agenda Items Town of Westlake Memo To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Workshop Meeting of February 22, 2010 Date: February 15, 2010 Presentation and Discussion by the Keller Police Department of the 2009 Annual Service and Activity Report for Police Services and the Racial Profiling Report ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o High quality services delivery coupled with financial stewardship As our contracted police service provider, the Keller Police Department provides law enforcement services to the Town, as well as emergency 911 communications/dispatching, animal control, and jail services. Annually Chief Mark Hafner with the City of Keller conducts an overview of the contracted police services provided to the Town of Westlake. As in the past, this overview covers calls for services in all categories as indicated in the contract. The general categories include animal control calls, motor vehicle stops, traffic accident investigations, citizen initiated calls for service, building checks, alarm responses, Part 1 Crimes as defined by the Federal Bureau of Investigations, Westlake prisoners booked into the Keller jail, DWI arrests, case reports, traffic citations issued, and Fire/EMS calls dispatched. Chief Hafner will also review the 2009 racial profiling report (required by law) at the workshop. The racial profiling report will be on the Council’s regular meeting agenda for consideration as a consent item. BACKGROUND FUNDING : N/A at this time. RECOMMENDATION : Hear Chief Hafner’s presentation, ask questions, and discuss the Town’s police services annual report and the racial profiling report. 1. 2009 racial profiling report and annual report from Keller Police Department ATTACHMENTS 2. Police services contract with the City of Keller Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Debbie Piper, Finance Director Subject: Workshop of February 22, 2010 Date: February 16, 2010 ITEM Discussion of the Quarterly Financial Dashboard for the quarter ended December 31, 2009. This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o High quality services delivery coupled with financial stewardships BACKGROUND The 1st quarter “Dashboard” reports for the FY 2009-2010 are attached. Our goal is to have a concise and easy to understand document regarding the financials of our three (3) major funds; General Fund, Visitors Association Fund and the Utility Fund. The remaining funds: Debt Service, Capital Projects, 4B Economic Development and Property Tax Reduction are a function of transfers in, sales tax revenues (which are discussed in the GF analysis), related expenses and transfers out; therefore, we have not prepared quarterly reports for these funds. Please note on each individual fund’s report, you will see an “A”, and on the Utility Fund a “%”, beside several revenue line items. The “A” indicates that specific “YTD Actuals” line-item is based on the accrual method. This means that revenue received after 12/31/09 but related to that specific quarter, i.e. sales, tax, franchise fees, hotel occupancy tax, etc. was added to the “YTD Actual” for comparison to the budget. The “YTD Budget” is based on 3 months out of the 12 month budget; therefore, it’s reasonable to accrue the amount to show 3 months of actual receipts. In addition to accruing the water revenue receipts for the “YTD Actuals”, I have changed the “YTD Budget” calculation from 3 months of the 12 month period to a much better representation of that fund’s revenue. Because the majority of the water revenue is received in the spring and summer (hotter, dryer months), the “YTD Budget” calculation is now being based on the percentage of revenues received for the first three months of the prior year. In review, these quarterly reports contain a “dashboard” display complete with major revenue and expenditure categories as well as department revenues. A comparison of the “YTD Budget” amount and the “YTD Actuals” at 12/31/09 has been presented. The color green obviously means 1 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 Fiscal and Budgetary Policies state that we will strive to maintain 90 days of operation. Please 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 informing you as to what specifically happened with that revenue line-item. I have done the same regarding any expenditure that is under budget so you may see why these funds have not been expended. Beside each major category or department on the explanation page, you will find a number that reflects the exact variance in that department/line-item. General Fund As can be seen by the “Dashboard”, revenues equal 254%, which looks great, but there are a few things that need to be taken into consideration. Obviously, the major overage in revenues was due to the Deloitte payment being received in November of the current fiscal year. We had anticipated (and budgeted) receiving it at the end of FY 08-09. If we take this $1,429,400 payment into consideration, revenues are at 83% of YTD budget (“Cautionary”). 24% of this is based on the $34K shortfall in sales tax. Upon review of the “Analysis”, please note this amount is made up of the sales tax revenue we have budgeted to receive from Deloitte based on our executed situs agreement. Construction has begun and we should be receiving more sales tax revenues during the 2nd quarter of this fiscal year. Along with the sales tax, the major shortage of anticipate revenues relate to franchise fees and the Westlake Academy administrative reimbursement. (See the Analysis for additional detail). Utility Fund The “Dashboard” for the Utility Fund revenue equals 82.27%. (“Cautionary”) As can be seen by the report, the majority of the “Critical” (red) revenues are small dollar line-items with the larger revenue items being green (“Positive”) and yellow (“Cautionary”). The Analysis will give additional detail on these amounts and you will see that the major shortfall in revenue is due to water revenue. This can be easily explained based on the “wet” fall and winter we’ve experienced this year. Visitors Association Fund Revenues as shown on the “Dashboard” for the Visitors Association Fund equal 86.70% (“Cautionary”). The largest revenue shortage is $14K in the Hotel Occupancy Tax revenue. Based on my review of the prior year, this is down 22% from the prior year. We anticipate an increase in bookings based on the agreement just signed with the Marriott. 2 All Major Funds Based on my conversations with the various Department Heads and the analysis of these financials, we don’t anticipate any “surprises” for the current fiscal year. We will continue to keep a watchful eye on all revenues and expenditures throughout the remainder of this fiscal year. FUNDING N/A RECOMMENDATION No action required. General Fund - Quarterly Financial Dashboard – Quarter Ended 12/31/2009 ATTACHMENTS: General Fund - Analysis of Dashboard for Quarter Ended 12/31/2009 Utility Fund - Quarterly Financial Dashboard – Quarter Ended 12/31/2009 Utility Fund - Analysis of Dashboard for Quarter Ended 12/31/2009 Visitors Association Fund - Quarterly Financial Dashboard – Quarter Ended 12/31/2009 Visitors Association Fund - Analysis of Dashboard for Quarter Ended 12/31/2009 3 2/17/2010 10:48 AM ADOPTED ESTIMATED Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals Dashboard Dashboard A Dept 11 Sales/Beverage Tax 1,470,350$ 362,552$ 1,470,350$ 362,552$ 332,939$ 91.83%91.83% A Dept 11 Franchise Fees 646,675 159,454 646,675 159,454 128,540 80.61%80.61% Dept 11 Interest/Misc Income 145,795 35,949 145,795 35,949 6,884 19.15%19.15% Dept 12 Planning & Zoning 393,355 96,992 393,355 96,992 1,480,067 1525.97%1525.97% Dept 13 Town Secretary 25,636 6,321 25,636 6,321 5,896 93.28%93.28% Dept 14 Fire/EMS 103,399 25,496 103,399 25,496 21,915 85.95%85.95% Dept 15 Court 556,381 137,190 556,381 137,190 135,931 99.08%99.08% Dept 17 Facilities 21,250 5,240 21,250 5,240 5,901 112.62%112.62% Dept 19 Parks/Rec 25,000 6,164 25,000 6,164 6,349 103.00%103.00% TOTAL 3,387,841$ 835,358$ 3,387,841$ 835,358$ 2,124,422$ 254.31%254.31% Positive > 95%Cautious 75% - 95% Negative < 75% A Based on accrual method ADOPTED ESTIMATED Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals Dashboard Dashboard Payroll & Related 1,963,731$ 528,697$ 1,963,731$ 528,697$ 461,091$ 87.21%87.21% Operations & Maintenance 2,610,033 643,570 2,610,033 643,570 430,593 66.91%66.91% Capital Outlay /Lease 8,581 8,581 8,581 8,581 8,411 98.02%98.02% TOTAL 4,582,344$ 1,180,847$ 4,582,344$ 1,180,847$ 900,095$ 76.22%76.22% Positive < 100% Cautious 101% - 110% Negative > 111% ADOPTED ESTIMATED Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals Dashboard Dashboard Transfers In 418,000$ 103,068$ 418,000$ 103,068$ -$ 0.00%0.00% Transfers Out 8,050 1,985 8,050 1,985 - 0.00%0.00% TOTAL 409,950$ 101,084$ 409,950$ 101,084$ -$ 0.00%0.00% Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals (784,553)$ (244,406)$ (784,553)$ (244,406)$ 1,224,327$ Beginning Fund Balance 2,687,312 2,687,312 2,687,312 2,687,312 2,687,312 Ending Fund Balance 1,902,758 2,442,906 1,902,758 2,442,906 3,911,639 Restricted Funds 186,340 186,340 186,340 186,340 193,104 Unrestricted Fund Balance 1,716,418$ 2,256,566$ 1,716,418$ 2,256,566$ 3,718,535$ # of Operating Days 153 153 331 Daily Operating Cost $11,239 $11,239 $11,239 Revenue Legend: Expenditure Legend: ESTIMATED BUDGET ESTIMATED BUDGET ESTIMATED BUDGET Net Revenues Over (Under) Exp Including Other Sources/Uses EXPENDITURES OTHER SOURCES AND USES ADOPTED BUDGET ADOPTED BUDGET SUMMARY ADOPTED BUDGET GENERAL FUND 100 Quarterly Financial Dashboard Quarter Ended 12/31/09 ESTIMATED BUDGETADOPTED BUDGET REVENUES 4 TOWN OF WESTLAKE Analysis of Dashboard for Quarter Ended 12/31/09 Based on Estimated Budget and YTD Actuals GENERAL FUND REVENUES DEPT 11 – ADMINISTRATIVE ($89,592) Sales Tax ($34,213) • Budgeted $905,200 ($452,600 in General Fund) o YTD Budget (GF portion) for “Regular” Sales tax - $250,000 YTD Actual - $328,484 o YTD Budget (GF portion) for Deloitte revenues - $113,150 YTD Actual - $ 453 o There have been no large audit collections year-to-date for sales taxes o With Deloitte construction beginning, the Town should be receiving situs agreement funds during the 2nd quarter. Franchise Fees ($30,914) Franchise Fees are received quarterly – • ( $ 5,116) AT&T: Budget $56,712 – received $51,596 • ($12,028) Tri-County: Budget $81,370 – received $69,342 • ($ 3,121) Trinity Waste: Budget $5,182 – received $2,061 • ($ 9,863) Atmos . This is an annual payment usually received in April Misc Income ($29,065) • ($24,657) Westlake Academy Administrative Reimbursement – payment will be received later in the year. • ($ 5,207) Inter -fund Advance Debt Receipt Due from Utility Fund - payment will be received later in the year. • ($ 2,589) Insurance Refunds/Equity Return - Typically represents an equity return based on insurance, claims, etc. as well as a Workers Comp audit that is performed during the fiscal year. Usually received in the later part of the fiscal year. DEPT 12 - PLANNING & ZONING +$1,383,075 Building Permits +$850,341 & Inspections/Plan Review +$550,322 (total $1,400,664) • Deloitte’s revenues budgeted in prior year • Payment of $1,429,400 was received November 2009 Gas Wells – Site/Drilling/Misc Permits ($25,150) • Projects are ongoing at this time. • Fees/payments are anticipated in 2nd and 3rd quarter. 5 TOWN OF WESTLAKE Analysis of Dashboard for Quarter Ended 12/31/09 Based on Estimated Budget and YTD Actuals GENERAL FUND Development Fees +$20,015 • Deloitte construction utility infrastructure fees $28,901 DEPT 13 – TOWN SECRETARY ($425) Misc Revenue ($425) • Texas Student Housing reimbursement for town secretary services. o Reimbursed at 35% of base salary. o Actual salary was less than original budget DEPT 14 – FIRE/EMS DEPARTMENT ($3,581) EMS User Fees ($3,174) • This account does not conform to the quarterly or any other timing due to the way insurance companies and Medicare/Medicaid pay bills. • There is normally a minimum of 60 day lapse in payment from these entities. EXPENDITURES PAYROLL AND RELATED ($67,606) Dept 11 Administrative ($5,645) • Part Time Intern o Intern transferred to Westlake Academy – replacement just hired. Dept 14 Fire & EMS ($49,694) • Budgeted 9 full time firefighters – o Presently we have only 7 full time firefighters on staff Planning & Zoning, Facilities and Human Resources ($6,262) • Senior Administrative Assistant was budgeted to be hired October 1st but actual hire date was December 1st 6 TOWN OF WESTLAKE Analysis of Dashboard for Quarter Ended 12/31/09 Based on Estimated Budget and YTD Actuals GENERAL FUND OPERATIONS AND MAINTENANCE ($212,977) Dept 11- Administrative Economic Development – Deloitte ($111,157) • YTD Budget $111,592 YTD Actual $435 o Construction is just beginning. o Payment is based upon the sales tax of construction materials purchased Dept 11 - Administrative Dept 15 - Court Attorney - Boyle & Lowry ($11,420) • YTD Budget $31,117 YTD Actual $19,696 o December fees paid in February = $8,470 Dept 12 - Planning and Zoning Consultant/Contract Fees ($8,630) • YTD Budget $8,630 YTD Actual $0 o Fees are based on projects that are slated to begin in 2nd and 3rd quarters. o Comprehensive Plans, Site Plans, and Traffic Studies Dept 14 – Fire/EMS Vehicle Fuel/Repair and Maintenance ($6,717) • YTD Budget $9,493 YTD Actual $2,775 o Fuel was budgeted at higher rate than current actual gas rates. o Repair and maintenance funds to be used on an as needed basis. Dept 16 – Pubic Works ROW Irrigation ($14,506) • YTD Budget $14,506 YTD Actual $3,493 o This is a seasonal expense. Weather conditions have been wet for the first quarter. o Expense will increase during hotter summer months. Civil Engineering Fees ($6,164) • YTD Budget $6,164 YTD Actual $0 o Fees are based on engineering projects that are slated to begin in 2nd and 3rd quarters. Road Repair and Maintenance ($3,698) • YTD Budget $3,698 YTD Actual $0 o Funds to be used on as needed basis. No repairs or maintenance has been needed. 7 TOWN OF WESTLAKE Analysis of Dashboard for Quarter Ended 12/31/09 Based on Estimated Budget and YTD Actuals GENERAL FUND Dept 17 - Facilities/Maintenance Contracted Services/Repair and Maintenance ($27,073) • YTD Budget $35,531 YTD Actual $8,457 o Funds to be used on an as needed basis. o Some services will not be utilized until spring and summer months. o Several contracts are based on annual payments Dept 18 – Finance Department Auditor Fees ($3,328) • YTD Budget $3,328 YTD Actual $0 o Payment will not be made until audit has been completed and delivered to the Council OTHER SOURCES AND USES TRANSFERS IN ($103,068) Transfers in from Utility Fund • Annual Budget $118,000 YTD Budget $29,095 Actual $0 • Represents impact fees from the Utility Fund which are transferred at year-end. • Year-to-date impact fees received in the Utility Fund equal $2,167 • Portion of budget is based on Deloitte construction Transfers in from Property Tax Reduction • Annual Budget $300,000 YTD Budget $73,972 Actual $0 • This transfer represents transfers for payroll increase/adjustments and operations • Adequate funds are in the General Fund; therefore, no funds have been transferred to-date TRANSFERS OUT ($1,985) Transfers Out to Special Revenue Fund • Annual Budget $8,050 Actual $ -0- • Based on a 10% contribution for a grant request to purchase brush attack truck and heart monitors. • Grant was not approved. • These funds will be reduced with a future budget amendment. 8 2/17/2010 11:11 AM ADOPTED ESTIMATED Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals Dashboard Dashboard Water Revenue (A%)1,908,000 272,758 1,908,000 272,758 219,305 80.40%80.40% Waste/Sewer Revenue (A%)448,166 57,180 448,166 57,180 83,764 146.49%146.49% Tap/Impact Fees 159,000 39,205 159,000 39,205 3,067 7.82%7.82% Interest/Misc Income 16,600 4,093 16,600 4,093 909 22.21%22.21% TOTAL 2,531,766 373,236 2,531,766 373,236 307,045 82.27%82.27% Positive > 95% Cautious 75% - 95% Negative < 75% A Based on accrual method % Based on % of PY Actual at quarter-end ADOPTED ESTIMATED Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals Dashboard Dashboard Payroll & Related 224,284 60,384 224,284 60,384 54,998 91.08%91.08% Operations & Maintenance 1,624,904 400,661 1,624,904 400,661 264,003 65.89%65.89% Capital Outlay (Operating)59,000 14,548 59,000 14,548 - 0.00%0.00% Capital Projects 605,000 149,178 605,000 149,178 1,235 0.83%0.83% IFA/DS Payments 274,904 67,785 274,904 67,785 - 0.00%0.00% TOTAL EXPENSES 2,788,093 692,556 2,788,093 692,556 320,237 46.24%46.24% Positive < 100% Cautious 101% - 110% Negative > 111% ADOPTED ESTIMATED Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals Dashboard Dashboard Dept 88 Transfers In - - - - - 0.00%0.00% Dept 99 Transfers Out 142,500 35,137 142,500 35,137 - 0.00%0.00% TOTAL (142,500) (35,137) (142,500) (35,137) - 0.00%0.00% Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals (398,827)$ (354,457)$ (398,827)$ (354,457)$ (13,191)$ Beginning Fund Balance 1,680,518 1,680,518 1,680,518 1,680,518 1,680,518 Ending Fund Balance 1,281,691 1,326,061 1,281,691 1,326,061 1,667,327 Restricted Fund Balance 111,360 111,360 118,760 118,760 125,540 Unrestricted Fund Balance 1,170,331$ 1,214,701$ 1,162,931$ 1,207,301$ 1,541,787$ # of Operating Days 201 200 265 Daily Operating Cost $5,819 $5,819 $5,819 UTILITY FUND 500 Quarterly Financial Dashboard Quarter Ended 12/31/09 ESTIMATED BUDGET ESTIMATED BUDGET ESTIMATED BUDGET ESTIMATED BUDGET Expenditure Legend: ADOPTED BUDGET REVENUES EXPENSES OTHER SOURCES AND USES SUMMARY Net Revenues Over (Under) Expenses Including Other Sources & Uses ADOPTED BUDGET ADOPTED BUDGET ADOPTED BUDGET Revenue Legend: 9 TOWN OF WESTLAKE Analysis of Dashboard for Quarter Ended 12/31/09 Based on Estimated Budget and YTD Actuals UTILITY FUND REVENUES Water Revenues ($53,453) • YTD Budget $272,758 - YTD Actual $219,305 (under budget) • YTD Budget amount is based on actual year-to-date from prior year due to the seasonal nature of this revenue • Weather conditions have been wet for the first quarter. • Revenue should increase during hotter summer months. Sewer Revenues +26,584 • YTD Budget $57,237 - YTD Actual $83,764 (over budget) • YTD Budget amount is based on actual year-to-date from prior year due to the seasonal nature of this revenue • Annual residential winter average calculated in March 2009 increased the winter average 27 % from the 2008 winter average. Winter Averaging = average of December, January and February usage • New customers moving in after January do not receive the benefit of averaging and billing is based on actual water usage Tap/Impact ($36,138) • YTD Budget $39,205 - YTD Actual $3,067 (under budget) • Portion of budget based on Deloitte projects which is not to the point of installing meters or taps Misc Income ($3,184) • Insurance Refunds/Equity Return ($1,000) o Typically represents an equity return based on insurance, claims, etc. as well as a Workers Comp audit that is performed during the fiscal year. Usually received in the later part of the fiscal year. • Meter Repair/Replacement ($1,200) o Based on repairs or replacements to water meters and various equipment 10 TOWN OF WESTLAKE Analysis of Dashboard for Quarter Ended 12/31/09 Based on Estimated Budget and YTD Actuals UTILITY FUND EXPENSES OPERATIONS AND MAINTENANCE ($136,658) • Water Purchases ($119,177) o YTD Budget $178,767 - YTD Actual $59,590 o This is a seasonal expense. Weather conditions have been wet for the first quarter. o Expense will increase during hotter summer months. • Peak Payments ($6,940) o YTD Budget $80,383 - YTD Actual $73,443 o Same base charge each month and settle up at the end of the year. • Electricity - Pump Station ($8,864) o YTD Budget $17,753 - YTD Actual $8,888 o This is a seasonal expense. Weather conditions have been wet for the first quarter. o Expense will increase during hotter summer months. CAPITAL OUTLAY ($14,548) • Water Meters o YTD Budget $5,750 - YTD Actual $0 o Meters are ordered on an as needed basis depending upon new home construction o Portion of the budget is based on the Deloitte project which is just beginning • Water Taps o YTD Budget $8,750 - YTD Actual $0 o Taps are ordered on an as needed basis depending upon new home construction o Portion of the budget is based on the Deloitte project which is just beginning 11 TOWN OF WESTLAKE Analysis of Dashboard for Quarter Ended 12/31/09 Based on Estimated Budget and YTD Actuals UTILITY FUND CAPITAL PROJECTS ($147,943) • N1 Sewer Line Transfer o YTD Budget $46,250 - YTD Actual $1,235 o Project is slated to begin later in the year. • N1 Sewer Line Transfer - Inflow/Infiltration Repairs o YTD Budget $30,050 - YTD Actual $0 o Project is slated to begin later in the year. • Stagecoach Hills Waterline Connections o YTD Budget $75,000 - YTD Actual $0 o Project is slated to begin later in the year. INTERFUND ADVANCE (IFA)/DEBT SERVICE PAYMENTS ($67,785) • IFA Debt Payment to General Fund o Represents funds used for various projects in 2005 o Repaying $21,120 annually thru 1/15/10 o YTD Budget $5,2801 - YTD Actual $0 o Payments due to General Fund are transferred at year-end • IFA Debt Payment to 4B Fund o Represents funds used for various projects paid from 4B in 2003 o Repaying $29,731 annually thru 8/15/19 o YTD Budget $7,432 - YTD Actual $0 o Payments due to 4B Fund are transferred at year-end • Keller OHS Principal/Interest o YTD Budget $29,013 - YTD Actual $0 o Payment of $116K made to City of Keller in August 12 TOWN OF WESTLAKE Analysis of Dashboard for Quarter Ended 12/31/09 Based on Estimated Budget and YTD Actuals UTILITY FUND OTHER SOURCES AND USES TRANSFERS OUT ($35,137) Transfers out to General Fund • YTD Budget $29,095 - YTD Actual $0 • Represents impact fees transferred at year-end. • Year-to-date impact fees received in the Utility Fund equal $2,167 • Portion of this budget is based on Deloitte construction Transfers out to Utility Major Fund • YTD Budget $5,625 - YTD Actual $0 • Represents annual contribution transferred at year-end. 13 2/17/2010 11:11 AM ADOPTED ESTIMATED Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals Dashboard Dashboard Hotel Occupancy Tax 450,000$ 110,959$ 450,000$ 110,959$ 96,522$ 86.99%86.99% Interest/Misc Income 26,975 6,651 26,975 6,651 5,452 81.96%81.96% TOTAL 476,975$ 117,610$ 476,975$ 117,610$ 101,974$ 86.70%86.70% Positive > 95%Cautious 75% - 95% Negative < 75% ADOPTED ESTIMATED Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals Dashboard Dashboard Payroll & Related 182,734$ 45,058$ 182,734$ 45,058$ 39,616$ 87.92%87.92% Operations & Maintenance 241,962 59,662 323,962 79,881 27,369 45.87%34.26% Capital Outlay /Lease - - - - - 0.00%0.00% TOTAL 424,696$ 104,720$ 506,696$ 124,939$ 66,985$ 63.97%53.61% Positive < 100% Cautious 101% - 110% Negative > 111% ADOPTED ESTIMATED Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals Dashboard Dashboard Transfers In -$ -$ -$ -$ -$ 0.00%0.00% Transfers Out 282,275 69,602 282,275 69,602 47,128 67.71%67.71% TOTAL (282,275)$ (69,602)$ (282,275)$ (69,602)$ (47,128)$ 67.71%67.71% Annual YTD Annual YTD YTD Budget Budget Budget Budget Actuals (229,996)$ (56,711)$ (311,996)$ (76,931)$ (12,139)$ Beginning Fund Balance 1,244,945 1,244,945 1,244,945 1,244,945 1,244,945 Ending Fund Balance 1,014,949 1,188,234 932,949 1,168,015 1,232,807 Restricted Funds 5,000 5,000 5,000 5,000 5,000 Unrestricted Fund Balance 1,009,949$ 1,183,234$ 927,949$ 1,163,015$ 1,227,807$ # of Operating Days 868 668 884 Daily Operating Costs $1,164 $1,388 $1,388 Net Revenues Over (Under) Exp Including Other Sources/Uses Expenditure Legend: SUMMARY OTHER SOURCES AND USES ESTIMATED BUDGET ESTIMATED BUDGET ADOPTED BUDGET ADOPTED BUDGET VISITORS ASSOCIATION FUND 220 Quarterly Financial Dashboard Quarter Ended 12/31/09 ADOPTED BUDGET ADOPTED BUDGET ESTIMATED BUDGET ESTIMATED BUDGET Revenue Legend: EXPENDITURES REVENUES 14 TOWN OF WESTLAKE Analysis of Dashboard for Quarter Ended 12/31/09 Based on Estimated Budget and YTD Actuals VISITORS ASSOCIATION FUND REVENUES • Tax is down approximately 22% from revenues at December 31, 2009 HOTEL OCCUPANCY TAX ($14,437) • Down 25% in October, 17% in November and 30% in December Arbor Day Income ($1,546) INTEREST/MISCELLANEOUS INCOME ($1,200) • Event will not be held until the end of the fiscal year EXPENDITURES Salaries and related benefits (Parks & Recreation, Facilities & HR Depts) ($4,878) PAYROLL ($5,442) • Senior Administrative Assistant was budgeted to be hired October 1st but did not start until December 1st Marriot Marketing and Transportation ($35,500) OPERATIONS AND MAINTENANCE ($52,512) • Adopted Budget $60,000; Amended to $142,000 • YTD Amended Budget is $35,500 • YTD Actual is $0 • Based on agreement, payment will not be made until the Quarterly report for the second quarter of the Town’s fiscal year has been received and accepted. Marketing and Promotions ($5,366) • Annual Budget is $26,000 • YTD Budget is $6,500 • YTD Actual is $1,133 • Last year a major portion of this budget was used in the second half of the fiscal year for video production for the Town website (Don Wall productions) as well as an advertisement in the Dallas Business Journal 15 TOWN OF WESTLAKE Analysis of Dashboard for Quarter Ended 12/31/09 Based on Estimated Budget and YTD Actuals VISITORS ASSOCIATION FUND Resident Survey ($2,437) • Annual Budget is $9,750 • YTD Budget is $2,437 • Town survey will be conducted in the next fiscal year quarter Historical Board ($2,277) • Annual Budget is $10,000 • YTD Budget is $2,277 • YTD Actual is $222 • Expenditures for Decoration Day will be spent in the 3rd quarter of our fiscal year Arbor Day ($2,752) • Annual Budget is $12,500 • YTD Budget is $2,752 • YTD Actual is $373 • Event will not be held until the end of the year OTHER SOURCES AND USES Transfers Out to Capital Projects ($25,000) TRANSFERS OUT ($22,474) • YTD Budget is $100,000 • No expenditures to-date due to the delayed start of the FM 1938 streetscape project 16 Town of Westlake Sales Tax Analysis Note 1:Taxes are received two (2) months after earned. Example: Taxes earned in October are received in December Note 2:Confidential report has been requested for Situs Agreement Receipts information for November & December Budget Situs Portion Net Sales Tax Actual Situs Portion Audit Receipts Net Sales Tax GF Portion 1,452,600$ 452,600$ 1,000,000$ 1,832,205$ 188,392$ 443,580$ 1,200,232$ 4B Portion 726,300 226,300 500,000 916,102 94,196 221,790 600,116 PTR Portion 726,300 226,300 500,000 916,102 94,196 221,790 600,116 TOTAL 2,905,200$ 905,200$ 2,000,000$ 3,664,409$ 376,785$ 887,159$ 2,400,465$ Month Taxes Earned FY 09-10 FY 08-09 % Inc (Dec)FY 09-10 FY 08-09 % Inc (Dec)FY 09-10 FY 08-09 % Inc (Dec)FY 09-10 FY 08-09 % Inc (Dec)FY 09-10 FY 08-09 % Inc (Dec)FY 09-10 FY 08-09 % Inc (Dec) October 170,591$ 254,631$ -33%85,296$ 127,316$ -33%85,296$ 127,316$ -33%8,761$ 83,808$ -90%146$ 3,541$ -96%161,685$ 167,281$ -3% November 219,483 906,666 -76%109,741 453,333 -76%109,741 453,333 -76%- 62,275 -100%8 698,693 -100%219,475 145,698 51% December 266,894 372,847 -28%133,447 186,424 -28%133,447 186,424 -28%- 46,336 -100%11 43 -74%266,883 326,468 -18% January February March April May June July August September 656,968$ 1,534,144$ -57%328,484$ 767,072$ -57%328,484$ 767,072$ -57%8,761$ 192,419$ -95%165$ 702,278$ -100%648,042$ 639,447$ 1% FY 2009-2010 FY 2008-2009 Total Taxes without Audits & Situs ReceiptsTotal Sales Tax General Fund Portion - 1.00% 4B and PTR Portion .05%/each - Total of 1.00%Situs Agreements Receipts Audit Adjustments 17 1 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Workshop Meeting of February 22, 2010 Date: February 14, 2010 Presentation of Updates and Discussion of the Status of the Town Strategic Plan. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Sensitivity to neighborhood integrity o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation  We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy o Environmental stewardship initiatives o High quality services delivery coupled with financial stewardship o Infrastructure maintenance and planning  Hospitality Finds its Home in Westlake o Citizen engagement and communication o Historic Preservation o Tourism development This workshop discussion is a continuation of the Council’s January 25 BACKGROUND th workshop where update and discussion of the Town’s strategic plan was begun. In June 2008, the Town Council and staff began work on formulating a community vision, value statements, as well as a mission statement on which to build a strategic plan for Westlake. The purpose of this workshop agenda item is to provide the Council an update and an opportunity to discuss the status of the various outcome strategies to this strategic plan. Below is a recap of Town Council meetings to date directed towards formulating the vision, values, and mission as well as developing and adopting this strategic plan: • June 27-28, 2008. Two day off-site Council/Leadership Team strategic planning retreat focused on developing the Town’s vision, values, and mission statements. • July 14, 2008. Council workshop held to follow-up from the strategic planning 2 retreat. Council gave their consensus to use a format of dividing the vision statement into 3 vision points and create “key result areas” for each of those vision points. • February 23, 2009. Council workshop held where a draft municipal strategic plan was presented. Council consensus was to wait on the results of the DirectionFinders citizens’ survey results before moving forward with the strategic plan. • June 22, 2009. At this Council mini-retreat, the DirectionFinders results were presented as well as the draft strategic plan containing Council revisions from the February 23, 2009 workshop. Council made further revisions to the draft strategic plan at this mini-retreat. • July 13, 2009. Strategic Plan adopted by the Town Council at this regular meeting. FUNDING : N/A at this time. RECOMMENDATION Staff recommends that the Town Council hear and discuss updates provided by staff on the various outcome strategies contained in this Strategic Plan. : ATTACHMENTS • Adopted Town of Westlake Strategic Plan. : Westlake is a one-of-a-kind community — an oasis with rolling hills, grazing longhorns, and soaring red-tailed hawks, located in the heart of the Fort Worth-Dallas metropolitan area. Inviting neighborhoods and architecturally vibrant corporate campuses find harmony among our meandering roads and trails, lined with native oaks and stone walls. We are leaders. In education, we are known for our innovative partnerships between the Town-owned Charter school and its corporate neighbors. We are environmental stewards — exemplifying the highest standards. Hospitality finds its home in Westlake. As a community, we are fully involved and invested in our rich heritage, vibrant present and exciting, sustainable future. Vision Statement Mission Statement “On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our rich culture and urban location.” 3 Village Circle, Suite 202, Westlake, Texas 76262 www.westlake-tx.org (817) 430-0941 Strategic Plan 2009 Town of Westlake “Westlake, a premier knowledge based community” Vaquero Estates Community Values    Innovation A strong knowledge/education base Being friendly and welcoming Family focus Engaged citizens A unique rural setting emphasizing preservation of our natural beauty Aesthetic appeal and high development standards Table of Contents History and Demographics 2 Key Result Area Summary and Timelines 3 Community Strengths and Challenges 4 Vision Point One 5 Vision Point Two 6 Vision Point Three 7 Outcome Strategies and Objectives 8 Approximately 700 residents currently occupy the Town of Westlake’s 6.6 square miles, which is situated in the northern triangle of the Fort Worth—Dallas area. Originally settled in 1847, Westlake was incorporated in 1956. Today, the Town of Westlake is home to several neighborhoods, all of which share a commitment to excellence, but possess unique character and charm. All residents live in single-family homes and there is an award winning private golf course in Town. The median age in Westlake is 47, and 51% of the residents are female. Some of the community’s top employers are: Fidelity Investments, Chrysler Financial, and First American Real Estate Information Services, Inc. Several companies have offices in Solana, a high-profile corporate campus near State Highway 114. Solana’s Village Circle also provides a mix of retail spaces and restaurants, plus offers the 296-room Marriott Solana hotel. The sales tax rate in Westlake is 8.25%. Of the money collected, 6.25% is paid to the state of Texas, 1% to the Town, and the remaining 1% to a local property tax relief fund and an economic development fund. Fidelity Investments North Texas Campus Solana Corporate Campus Chrysler Financial—Westlake Campus First American Campus Deloitte University Campus (in-design) Marriott / Solana Hotel History and Demographics Major & Planned Developments Solana Office Complex Top Employers Fidelity Investments Chrysler Financial First American Real Estate Information Services, Inc. Wells Fargo Bank McKesson Corporation “Westlake, a premier knowledge based community” Page 2 Town of Westlake During the strategic planning process, the Town Council and staff Leadership Team developed an overview of the major work related objectives and mission for the Town of Westlake. The vision and mission statements were drafted to reflect the unique characteristics found within our community and the values which are important to our residents. The information is contained within three vision points which describe the areas that the Council has determined are vital to maintaining our Town and providing services to enhance the quality of life of our residents. Vision Point One—Inviting Residential and Corporate Neighborhoods Vision Point Two—We are Leaders Vision Point Three—Hospitality Finds Its Home in Westlake Strategic Plan’s Organization and Timelines The vision points are then divided into key Result Areas (KRA’s) and outcome measures which serve to focus the efforts of the staff on achieving the desired results of the Council. These range from issues such as maintaining neighborhood integrity through infrastructure maintenance and development standards to promoting historic preservation and citizen involvement. Within each outcome measure, the staff has identified key objectives and a timeline in which to complete tasks and reach our goals. The timelines are either assigned short, mid, or long-range goals, while some are considered to be on-going and necessary on a reoccurring basis. Short-Range Goals = 1—2 years Mid-Range Goals = 3—5 years Long-Range Goals = 5 or more years On-going Goals The outcome measures are also assigned a Team Leader or Co-Leader who is responsible for working with a staff team to complete or work toward achieving the tasks in each Key Result Area. Page 3 Town of Westlake “Vision without action is a dream. Action without vision is simply passing the time. Action with vision is making a positive difference.” - Joel Barker The Westlake Mayor and Town Council are united in their view that the community enjoys many strengths. Westlake has no current ad valorem tax, however, this requires the Town to assess and evaluate alternative sources of revenue to maintain financial stability. The history of responsible planning and zoning, along with a growing corporate campus base is viewed as a benefit to the community. The Mayor, Council and staff continue to anticipate, identify and prepare for external conditions or activities, which would detract from the success and unique development of the Town. Special attention is given to practicing fiscal conservatism while delivering the highest quality of services to our residents. Future questions on such issues as the consideration of oil and gas drilling standards within the Town, creating a retail base, revenue opportunities, efficient service delivery, public safety concerns and the development of Westlake Academy will be important to Westlake elected officials, residents, the business community and staff. Community Strengths and Challenges Future Milestones and Events  Groundbreaking of Deloitte University  Completion of the Sam and Margaret Lee Arts and Sciences Center Page 4 Town of Westlake Strengths Fully integrated community duct bank Access to top quality of life amenities Development of quality corporate campuses and partnerships Promotion of the Town as an event and conference location Opportunities and Challenges Further development of a diversified revenue sources for the Town Enlarged Westlake Academy campus with track, soccer, and baseball fields Expanded park system Attraction of retail development Development of extensive interconnected trail system with surrounding municipalities Potential SH 114 connectivity to SH I-35 Expansion of eco-friendly / green initiatives within the Town Further urban sprawl from surrounding communities Review of maintenance needs of infrastructure and funding for major repairs Need to identify location of secondary water source and develop existing water supplies The Town is home to several communities; residential, corporate and agricultural uses. Our largest residential development is home to a state of the art golf facility and many beautiful homes. Stagecoach Hills is located along the historic stagecoach line which transported passengers from Keller to Denton. Westlake neighborhoods include: Aspen Lane ● Glenwyck Farms ● Mahotea Boone ● Paigebrooke Farms Stagecoach Hills ● Terra Bella ● Vaquero ● Wyck Hill The Town is located along the Tarrant and Denton County borders and has portions of major State highways that surround our perimeter. We are an ideal location for businesses and have enjoyed a long history with our corporate campus developments. Highest Quality Development and Aesthetic Standards Short-Range Goals Deloitte Groundbreaking  Update Codes/Amendments  Fidelity Phase II Completion  Finalize Oil and Gas Related Ordinances Mid-Range Goals Attraction of Retail Development Open Space Preservation Short-Range Goals Open Space Land Acquisition Park Space Expansion VISION POINT ONE—INVITING RESIDENTIAL AND CORPORATE NEIGHBORHOODS Entrance to Glenwyck Farms Fidelity Investments Construction Project Sensitivity to Neighborhood Integrity Short-Range Goals Landscaped Entrances Mid-Range Goals Connected Trail System Long-Range Goals Town-wide Completed Trail System Outstanding Community Appearance Short-Range Goals Streetscape Projects Key Result Areas Supporting the Vision Point On-going comprehensive planning Short-Range Goals Update Master Plans: Comprehensive Use, Open Space /Trails, Land Use Mid-Range Goals Precinct Line Rd. Construction Develop Master Plan as Community Focal Point Page 5 2009 Strategic Plan Summary Town leaders foresaw the need for a facility to educate the children of Westlake in a local setting and to provide the citizens with a civic campus. In 2003, the Town raised funds to build Westlake Academy, the only open-enrollment charter school owned and operated by a municipality in the State. The Academy offers the rigorous International Baccalaureate curriculum and all residents are eligible to enroll their children. The elected Town Council also serves as the Board of Trustees for the Academy. The unique arrangement serves to strengthen the working relationship between the Academy and the Town. Westlake is also one of a handful of towns in Texas that does not levy a property tax. Instead, revenue from sales taxes, user fees, and franchise fees fund Town services. High Quality Services Delivery Coupled with Financial Stewardship Short-Range Goals Review of growth related policies: ”Growth pays for Growth” Public Safety Service Delivery and Funding Review Environmental Stewardship Initiatives Short-Range Goals Create Westlake Green Team Automated Recycling Program Plan for Environmental Improvements and Water Conservation Strategies Infrastructure Maintenance and Planning Short-Range Goals Town Facility Master Plan Develop Capital Improvement Plans Drainage Utility and Storm Water Planning Long-Range Goals Regional Rail System VISION POINT TWO—WE ARE LEADERS Entrance to Westlake Academy Producing Well Educated Future Leaders and Thinkers Short-Range Goals Academy Students in Internships at Corporate Campuses Academy and Deloitte University Mentoring Programs Key Result Areas Supporting the Vision Point Premier Educational Facilities and Programs Short-Range Goals Opening of Arts and Sciences Center Westlake Academy Page 6 Town of Westlake Strategic Plan Summary In an effort to foster citizen engagement, enhance our neighborhoods and increase partici- pation in the community, many of the residents serve on various advisory boards that are committed to furthering the mission of the Town and ensuring Westlake is truly a unique community. The Westlake Historical Preservation Society was created to identify, preserve, and perpetuate the history of the Town of Westlake and the Cross Timbers region. The Town is committed to protecting and improving the quality of life of Westlake residents, businesses and students by encouraging, inspiring, educating and entertaining artistic and creative endeavors. The Public Art Society of Westlake provides a wide range of professional and artistic presentations to foster the arts in the community. Westlake is also a member of Tree City USA . The Town must meet strict standards to ensure there are viable tree management plans and programs in place to help support growth and forestry. Arts and Culture Short-Range Goals Implement Westlake Speaker Series to Feature Community Leaders VISION POINT THREE—HOSPITALITY FINDS ITS HOME IN WESTLAKE WA Campus Fountain Historic Preservation Short-Range Goals Integrate Mission of the Historical Preservation Society into Community Events Tourism Development Short-Range Goals Host Regional Events Development to Include Additional Hotels and Restaurants Key Result Areas Supporting the Vision Point Citizen Engagement and Communication Short-Range Goals Improve Web Site User Friendliness Develop Communication Plan Review E-government Usage for Service Delivery Conduct Regular Neighborhood Meetings Page 7 2009 Strategic Plan Summary Outcome Strategies: 1. Update master plans to guide development and provide a framework for future projects; promote the Master Plan as a community focal point — Short & Mid-Range Goals. Team Co-Leaders: Tom Brymer / Eddie Edwards Objective 1.1: Develop RFP for master plan review. Estimated Completion Date: Spring, 2010 Objective 1.2: Work with consultant to draft the master plans — form community/staff task force. Estimated Completion Date: Winter, 2010 Key Result Areas and Outcome Strategies Glenwyck Park Vaquero 2. Precinct Line Road construction — Mid-Range Goal. Team Leader: Jarrod Greenwood Objective 2.1: Facilitate stakeholder meetings to communicate project status and engage community members. Estimated Completion Date: Fall, 2009 Objective 2.2: Finalize construction plans with TxDOT; TxDOT bid placement. Estimated Completion Date: Summer, 2010 Objective 2.3: TxDOT commences construction. Estimated Completion Date: Winter 2010 Page 8 2009 ON-GOING COMPREHENSIVE PLANNING — Ensure the master plans are continually updated and reviewed to enhance the development of the Town. Outcome Measure: All master plan documents are not more than 5 years old. Vision Point One—Inviting Residential and Corporate Neighborhoods “We are limited, not by our abilities, but by our own vision.” - Anonymous SENSITIVITY TO NEIGHBORHOOD INTEGRITY — Maintain the high standards of neighborhood planning and residential construction to foster the Town’s unique character and rural atmosphere. Outcome Measure: Utilize the 2009 Direction Finder survey to establish a benchmark measure for neighborhood integrity. Outcome Strategies: 1. Promote and develop landscaped entrances to neighborhoods — Mid-Range Goal. Team Leader: Troy Meyer Objective 1.1: Review and update ordinances and Unified Development Code for all landscaping requirements which would include, but not limited to: irrigation systems, plans, trees, xeriscape concepts, water features, lighting, gates, and signs. Estimated Completion Date: Spring, 2010 Entrance to Stagecoach Hills Objective 1.2: Develop and implement a process to educate developers, homeowners associations, and staff on new requirements. Estimated Completion Date: Summer, 2011 2. Review and update the current trail system plan and develop interconnectivity options with surrounding municipalities — Mid and Long-Range Goals. Team Leader: Troy Meyer Objective 2.1: Partner with Keller, Trophy Club, Southlake and Roanoke on best location for connecting local and regional trail systems. Estimated Completion Date: Winter, 2010 Objective 2.2: Develop standards for park benches, water features, picnic tables, signs, and pet stations. Estimated Completion Date: Winter, 2010 Objective 2.3: Identify changes to the open space plan created March of 1999 and present to the Town Council for approval. Estimated Completion Date: Spring, 2011 Arbor Days Hot Air Balloon Page 9 Town of Westlake OUTSTANDING COMMUNITY APPEARANCE — Enhance the appearance of the Town with public art displays and high-quality, environmentally responsible landscaping projects. Outcome Measure: Utilize the 2009 Direction Finder survey to establish a benchmark measure for community appearance. Sensitivity to Neighborhood Integrity (cont.) Outcome Strategies: 1. Streetscape projects to enhance community appearance — Short-Range Goal. Team Leader: Jarrod Greenwood Objective 1.1: Work with consultants, TxDOT, and community stakeholders to develop streetscape concept that will incorporate existing themes and characteristics within Westlake. Estimated Completion Date: Fall, 2009 Objective 1.2: Work with Public Art Committee to enhance the FM 1938 corridor by developing a streetscape plan that includes areas dedicated for public art. Estimated Completion Date: Fall, 2010 Outcome Strategies: 1. Support our newest corporate partners, Deloitte and Fidelity, with Deloitte University and the completion of Fidelity Phase II — On-going Goal. Team Leader: Ginger Awtry Objective 1.1: Facilitate communication between the stakeholders — PR/marketing team, Town Council, staff, citizens and businesses — to aid and promote the groundbreaking and opening activities. Estimated Completion Date: On-going Objective 1.2: Coordinate and assist with press releases, special required permitting, community traffic flow, security needs, local dignitary contacts, and any other municipal areas in which assistance is warranted. Estimated Completion Date: On-going 2. Revise and update all codes and related amendments — Short-Range Goal. Team Leader: Eddie Edwards Objective 2.1: Revise plan review checklists to reflect the new codes, policies, and procedures; Update Estimated Completion Date: Summer, 2009 Objective 2.2: Update Town of Westlake internet site to reflect the new code adoptions. Estimated Completion Date: Summer, 2009 Objective 2.3: Update contractor handouts reflecting new codes, revised policies, and procedures. Estimated Completion Date: Spring, 2010 3. Finalize oil and gas drilling related ordinances — Short-Range Goal. Team Leader: Eddie Edwards Objective 3.1: Develop applications, forms, policies, and procedures related to issuing permits and administering the adopted codes. Estimated Completion Date: Summer, 2009 Objective 3.2: Amend technical standards provision in Code of Ordinances. Estimated Completion Date: Summer, 2009 Objective 3.3: Amend zoning ordinance to allow drilling and production in additional zoning districts. Estimated Completion Date: Summer, 2009 J. T. Ottinger Road Terra Bella Entry Page 10 2009 HIGHEST QUALITY DEVELOPMENT AND AESTHETIC STANDARDS — Ensure standards are met which maintain the superior appearance and construction of developments. Outcome Measure: At least one local, regional, or national award/recognition on an annual basis for new Westlake residential or commercial development. 4. Work to attract nationwide, well known anchor and retail businesses — Mid-Range and On-going Goals. Team Co-Leaders: Tom Brymer / Eddie Edwards Objective 4.1: Explore viable economic development tools to attract retail development, specifically in the western area of Westlake, which would be beneficial to the Town and potential business partnerships. Estimated Completion Date: Winter, 2010 Objective 4.2: Research the use of special districts and other incentives that would allow the Town to be proactive in our effort to attract retail uses. Estimated Completion Date: Winter, 2010 and On-going Marriott / Solana Hotel Cielo Restaurant Page 11 Town of Westlake Highest Quality Development and Aesthetic Standards (cont.) OPEN SPACE PRESERVATION — Maintain the rural atmosphere, spacious residential lots, park facilities and open areas within the master planned community development. Outcome Measure: Utilize comprehensive plan to develop a recommendation or feasible ratio of open space to land development. Outcome Strategies: 1. Open space land management and park system expansion — Mid-Range Goal. Team Leader: Troy Meyer Objective 1.1: Define the “Open Space Land Management” concept to develop practices and policies to protect our natural resources. Estimated Completion Date: Winter, 2009 Objective 1.2: Review current land management plans; “inventory” available open space/potentials sites located in the flood plains/wet lands. Estimated Completion Date: Winter, 2009 Objective 1.3: Develop long range plans to maintain resources including ordinances and additional requirements to site plans/SUP submittals mandating open space requirements as developments proceed through the Town. Estimated Completion Date: Summer, 2010 Objective 1.4: Analyze the open space in relation to comprehensive trail system and amend trail space to integrate cohesive planning. Estimated Completion Date: Fall, 2010 Objective 1.5: Work with Planning Department to ensure public open spaces are included in development proposals. Estimated Completion Date: On-going Objective 1.6: Hire consultant for revised trail master plan, to include, overview of system components, cemetery design elements Estimated Completion Date: Fall, 2010 Objective 1.7: Examine the establishment of a parks master plan. Estimated Completion Date: Fall, 2010 Vaquero “Westlake has been a lot of things, but it has never been ordinary.” Fort Worth Star Telegram Vaquero Page 12 Town of Westlake Outcome Strategies: 1. Complete the Sam and Margaret Lee Arts and Sciences Center — Short-Range Goal. Team Leader: Troy Meyer Objective 1.1: Pouring of concrete foundation. Estimated Completion Date: Spring, 2009 Objective 1.2: Continual supervision and interaction with contractors and suppliers to facilitate contract completion for construction related matters. Estimated Completion Date: Fall, 2009 Objective 1.3: Opening of Arts and Sciences Center. Estimated Completion Date: Fall, 2009 Objective 2.2: Meet with Head of Sections to develop a plan and determine what grade levels would be applicable. Estimated Completion Date: Fall, 2009 Objective 2.3: Based on meeting outcome ,scheduling limitations and student availability, conduct a meeting with staff to identify field trip dates and assist the respective Department Head with scheduling, if necessary. Estimated Completion Date: Winter, 2009 1. Create partnerships between municipal and Academy staff to utilize local government resources to enhance student learning and achievement – Short-Term and On-going Goals. Team Leader: Debbie Piper A. Field Trips Objective 2.1: Discuss with the Leadership Team any field trip opportunities that will be of interest to the students and introduce them to the responsibilities of local government services. Estimated Completion Date: Fall, 2009 PREMIER EDUCATIONAL FACILITIES AND PROGRAMS — Develop high quality educa- tional facilities and learning opportunities for the students of Westlake Academy. Outcome Measure: Completion of Arts & Sciences Center. PRODUCING WELL EDUCATED FUTURE LEADERS AND THINKERS — Support the Academy staff in their efforts to educate the students. Outcome Measure: Development of program processes and objectives; creation of 2 intern positions and placement of students within 2 years. Vision Point Two — We Are Leaders Beginning Phase of A&S Site Preparation Westlake Academy and Student Body Page 13 2009 Producing Well Educated Future Leaders and Thinkers (cont.) B. Internships and Mentoring Objective 2.4: Meet with staff to determine level of interest and assistance the interns will be able to provide and formulate rotation to allow students the experience of working in all aspects of local government. Estimated Completion Date: Fall, 2009 Objective 2.5: Coordinate placement opportunities with local businesses and prepare evaluation forms and feedback process for both students and employers. Estimated Completion Date: Spring, 2010 Objective 2.6: Select interns and prepare a schedule with Town and Academy staff. Estimated Completion Date: Spring, 2010 ENVIRONMENTAL STEWARDSHIP INITIATIVES—Develop and implement comprehensive ‘green’ programs for the residents, corporations, and the Academy. Outcome Measure: Implementation of approved environmental programs within five years. Outcome Strategies: 1. Develop a comprehensive automated recycling and composting program to identify new technology which may be utilized in our environmental stewardship — Short-Range and On-going Goals. Team Co-Leaders: Jarrod Greenwood / Troy Meyer Objective 1.1: Conduct Council workshop presentation to identify environmental stewardship initiatives and prioritize tasks within the program — to include, geo-thermal and bio-diesel options and e-waste recycling opportunities Estimated Completion Date: Spring, 2010 A. Formation of Westlake Green Team Objective 1.2: Establish the Westlake Green Team to address issues with recycling/composting. Will include Town Council, staff, student representatives, corporate residents and waste management provider. Estimated Completion Date: Spring, 2010 Objective 1.3: Coordinate activities of Team with NCTCOG, especially its Green Cities Committee. B. Recycling Program Objective 1.4: Survey surrounding recycling and composting programs and available services to develop a comprehensive program. Estimated Completion Date: Winter, 2009 Objective 1.5: Implement recycling program at all Town facilities. Estimated Completion Date: Summer, 2009 Objective 1.6: Provide hazardous material disposal for citizens. Estimated Completion Date: On-going Page 14 Town of Westlake C. Water Conservation Efforts Objective 1.7: Develop water conservation messages for landscaping and the use of xeriscaping in neighborhoods and common areas. Develop plant listing for landscape ordinance. Integrate input from resident master gardeners to enhance conservation and landscaping recommendations. Estimated Completion Date: Spring, 2010 Objective 1.8: Assist Academy with water conservation, protection, and production education by speaking to students and arranging field trips to water and wastewater treatment facilities. Estimated Completion Date: On-going Objective 1.9: Provide water conservation information to customers through the website, mailings, news letters, and Academy publications. Estimated Completion Date: On-going Environmental Stewardship Initiatives (cont.) HIGH QUALITY SERVICES DELIVERY COUPLED WITH FINANCIAL STEWARDSHIP Research available revenue resources to offset the cost of providing services; continue to provide outstanding government administrative support services while working within the municipal budget. Outcome Measure: Implementation of at least one new demand driven revenue source per year, over the next five years. Outcome Strategies: 1. Establish a strategy for achieving long-term financial sustainability for the Town government, including Westlake Academy — Mid-Range Goal. Team Leader: Tom Brymer Objective 1.1: Review 2009 Direction Finders results with Council. Estimated Completion Date: Summer, 2009 Objective 1.2: Review 2009 Westlake Academy Parent Survey with Council. Estimated Completion Date: Summer, 2009 Objective 1.3: Review Town Capital Improvement Plan, municipal 5-year financial forecast, and Academy financial forecast during proposed 09/10 budget deliberations. Estimated Completion Date: Summer, 2009 Objective 1.4: Research and compile report regarding municipally owned and operated charter schools and their organizational structure. Estimated Completion Date: Fall, 2009 Objective 1.5: Council to review long-range financial forecast, Academy cost structure components, staff to identify options and strategies to address financial issues and their timing. Estimated Completion Date: Spring, 2010 Westlake DPS Engine Page 15 2009 High Quality Services Delivery Coupled with Financial Stewardship (cont.) Objective 1.6: Council to prioritize service options and provide staff direction on future budgeting and resource allocation. Estimated Completion Date: Spring, 2010 2. Review and discuss growth related policies — Short-Range Goals. Team Co-Leaders: Tom Brymer / Todd Wood / Debbie Piper A. Council discussion of ”Growth pays for growth” approach to financial stewardship and policy making. B. Impact Fees Objective 2.4: Discuss and receive Council direction on impact fee feasibility study. Estimated Completion Date: Spring, 2010 Objective 2.5: Prepare proposal of utility impact fee analysis and feasibility report. Estimated Completion Date: Fall, 2010 Objective 2.6: Review impact fee recommendations and consider fee adoption. Estimated Completion Date: Summer, 2011 C. Park Land Dedication and Development Fee Objective 2.7: Discuss and receive Council direction on park land dedication and development fee implementation. Estimated Completion Date: Spring, 2010 Objective 2.8: Prepare proposal of park land dedication and development fee analysis and feasibility report. Estimated Completion Date: Fall, 2010 3. Explore public safety service delivery options and funding — Short-Range Goal. Team Co-Leaders: Tom Brymer / DPS Lieutenants Objective 3.1: Research available options to deliver and fund public safety programs. Estimated Completion Date: Spring, 2010 Objective 3.2: Present options and recommendations to Council. Estimated Completion Date: Summer, 2010 Westlake DPS Ambulance Objective 2.1: Identify sources of Town expenditures related to service delivery which are not currently offset by fee collection. Analyze identified expenditures, from the standpoint of current impact and future expansion to ensure quality service delivery. Estimated Completion Date: Fall, 2010 Objective 2.2: Identify actual or potential costs incurred by the Town. Estimated Completion Date: Fall, 2010 Objective 2.3: Survey other communities to benchmark costs for newly proposed fees and amendments of existing fees. Estimated Completion Date: Fall, 2010 “Good business leaders create a vision, articulate the vision, passionately own the vision, and relentlessly drive it to completion.“ - Jack Welch Page 16 Town of Westlake High Quality Services Delivery Coupled with Financial Stewardship (cont.) 4. Enhance the effectiveness of service delivery via intergovernmental partnerships — Mid-Range and On-going Goals. Team Leader: Tom Brymer Objective 4.1: Council discussion of the use of inter-local agreements as a means to pursue various types of intergovernmental partnership opportunities with area municipalities. Expected Completion Date: Winter, 2009 Objective 4.2: Share a draft of a memorandum of understanding and/or inter-local agreement with municipalities surrounding Westlake to determine the interest level of such partnerships. Estimated Completion Date: Spring, 2010 Objective 4.3: Pursue dialogue and discussion at both the staff and Council level with cities that have expressed an interest in pursuing identified opportunities of mutual interest. Estimated Completion Date: On-going INFRASTRUCTURE MAINTENANCE AND PLANNING — Identify the maintenance needs of existing buildings, review the impact of severe weather patterns on our neighborhoods and formulate a long-term capital improvement plan. Outcome Measure: Approved capital improvement plan within two years. Outcome Strategies: 1. Draft facility master plan with Council — Short-Range Goal. Team Leader: Amanda DeGan Objective 1.1: Work with the Leadership Team to establish a viable facility planning/CIP process. Estimated Completion Date: Winter, 2009 Objective 1.2: Discuss facility master plan (FMP) scope with Council and receive direction. Estimated Completion Date: Spring, 2010 Objective 1.3: Draft FMP scope and solicit project proposals; retain outside consultant to assist staff on FMP. Estimated Completion Date: Spring, 2011 Objective 1.4: Select priorities from FMP and convert into a rolling 5—10 year capital improvement plan. Estimated Completion Date: Summer, 2011 Page 17 2009 2. Review the drainage and storm water plans needed to minimize the impact of severe weather on our neighborhoods — Short-Range Goal. Team Leader: Jarrod Greenwood Objective 2.1: Complete Stagecoach Hills subdivision draining improvement project. Estimated Completion Date: May, 2009 3. Storm Water Utility review — Short Range Goal. Team Leader: Jarrod Greenwood Infrastructure Maintenance and Planning (cont.) Objective 3.1: Discuss storm water utility (SWU) fee with Council as to feasibility and receive direction. Estimated Completion Date: Summer, 2010 Objective 3.2: Draft SWU feasibility analysis scope; retain outside consultant to assist staff. Estimated Completion Date: Spring, 2011 Objective 3.3: Receive SWU report and present recommendations to Council. Estimated Completion Date: Summer, 2011 Objective 3.4: Implement SWU fee. Estimated Completion Date: Fall, 2011 4. Work with transportation representatives to include Westlake in regional rail system — Short-Range and On-going Goals. Team Leader: Kim Sutter Objective 4.1: Compile a list of resources for information on a regional rail system. Estimated Completion Date: Summer, 2009 Objective 4.2: Monitor progress of plans for and implementation of a regional rail system through legislation, NCTCOG, NE Leadership Forum, etc. Estimated Completion Date: On-going Objective 4.3: Survey community interest/seek input from corporate neighbors and residents for a rail system. Estimated Completion Date: Fall, 2009 Objective 4.4: Consider Town Council resolution approval in support of rail system. Estimated Completion Date: Winter, 2009 Objective 4.5: Communicate information and progress of system to corporate neighbors and residents. Estimated Completion Date: Spring, 2010 and On-going Spring Flowers Westlake Academy Page 18 Town of Westlake Vision Point Three — Hospitality Finds Its Home in Westlake CITIZEN ENGAGEMENT AND COMMUNICATION — Design a comprehensive plan to communicate with residents, Academy families, corporate partners, and other community stakeholders. Outcome Measure: Utilize the 2009 Direction Finder survey to establish a benchmark for resident satis- faction in communication and engagement efforts. Outcome Strategies: 1. Develop overall communication plan for the residents and businesses — Short-Range and On-going Goals. Team Leader: Kim Sutter Objective 1.1: Coordinate with PR firm to develop a communications plan for the Town and Academy. Estimated Completion Date: Summer, 2009 Objective 1.2: Establish and conduct regular PR/marketing team meetings, to include, selected business community members, to implement the communication plan and gauge the success of the activities. Estimated Completion Date: On-going Objective 1.3: Establish regular monthly meeting dates and times with PR firm to discuss promotion of the Town and Academy. Estimated Completion Date: On-going 2. Use of technology to enhance service delivery and citizen engagement. — Short-Range and On-going Goals. Team Leader: Todd Wood A. Web-site re-design Objective 2.1: Increase user-friendly accessibility and information dissemination Estimated Completion Date: Summer, 2009 Objective 2.2: Collectively review the website for updates; assess the relevance of content and remove the obsolete information. Estimated Completion Date: On-going B. Review the use of e–government Objective 2.3: Staff to conduct feasibility study and applications for integrated e-government services for customers. Estimated Completion Date: Fall, 2009 Objective 2.4: Present study to Council in workshop. Estimated Completion Date: Winter, 2009 Objective 2.5: Implement Council directed e-government program. Estimated Completion Date: Summer, 2010 Page 19 Town of Westlake Outcome Strategies: 1. Integrate the mission of the Westlake Historical Preservation Society (WHPS) into community events — Short-Range and On-going Goals. Team Leader: Ginger Awtry Objective 1.1: Meet with WHPS president to review mission and strategic plan of both the Society and the Town/Academy plan to ensure continuity. Estimated Completion Date: Winter, 2009 Objective 1.2: Coordinate and foster communication with community groups and Westlake Academy liaison to ensure our local events promote historical preservation and the Society’s visibility; coordinate the event calendars of the groups. Estimated Completion Date: On-going Objective 1.3: Assist in communication between the WHPS and other groups, specifically the Public Arts Society, to promote historical preservation and visibility along trail pathways, entry points, parks and civic campus, etc. Estimated Completion Date: On-going Objective 1.4: Continue to provide assistance in the hosting of Decoration Day; assist the PR firm in marketing the event to residents and the general public. Estimated Completion Date: On-going HISTORIC PRESERVATION — Record the events, individuals, or groups associated with the Town of who had an impact on the region to provide an accurate portrayal of the history of Westlake. Outcome Measure: Host two events on an annual basis to increase awareness of the Town’s history. Decoration Day Flags TOURISM DEVELOPMENT — Promote the Town as an ideal location for hosting conferences and large meeting events and market the Town’s hotel and restaurants as an additional component of regional attractions. Outcome Measure: Increase in occupancy and group meeting rate bookings at the Marriott/Solana Hotel within two years. Outcome Strategies: 1. Host regional events to attract individuals to our restaurants, hotel and businesses — Short-Range and On-going Goals. Team Leader: Ginger Awtry Objective 1.1 Facilitate and partner in communications with ARTSNET and our corporate resident, Maguire Partners, to promote our Masterworks Concert Series in an effort to provide local entertainment and attract individuals from neighboring communities. Estimated Completion Date: On-going Wyck Hill “Vision is the art of seeing what is invisible to others.” - Jonathan Swift Westlake Academy / Civic Campus Page 20 2009 Objective 1.2: Work with PR/marketing team, consultants and Masterworks partners to develop concert series and increase participation by 10% annually . Estimated Completion Date: On-going Objective 1.3: Partner with the Recreation department in annual Arbor Days celebration; working to increase resident, student and corporate participation. Estimated Completion Date: On-going Objective 1.4: Review Town survey results, discuss with marketing team, other municipalities and applicable corporate marketing staff to determine the level of interest in hosting an expanded number of events in Westlake. Estimated Completion Date: Spring, 2010 2. Develop and assist the PR/marketing team, working with the Town’s PR consultant group to promote Westlake as a business and tourist destination — Short-Range Goal. Team Leader: Kim Sutter Objective 2.1: Develop concept for marketing team; including goals and objectives and target audience (based on progress of communications plan). Estimated Completion Date: Fall, 2009 Objective 2.2: Interact with PR firm, and possibly corporate partners, to develop collateral material for use proactively/reactively to request for information regarding the Town. Estimated Completion Date: Spring, 2010 Objective 2.3: Formulate a contract with Marriott/Solana for the use of the hotel/motel occupancy tax funds setting occupancy rate targets to promote the hotel as a premier tourist destination and to increase the visibility of the facility. Estimated Completion Date: Fall, 2009 Tourism Development (cont.) Page 21 Town of Westlake Sunrise at Westlake Academy Successful strategic plans are not successful because of the plan itself. They are not successful because of their vision statement, their mission statement, values, tactics, outcomes, or performance measures. Yes, these things are all part of a successful strategic plan — but, the strategic plan must be a part of something larger than even the plan’s vision. It must tell a story. A story that captures one’s imagination, fires one’s dreams, and compels one to want to be a part of that story, because it is so inspiring. Westlake’s story is not yet finished, and the best chapters are yet to come! The 2009 strategic plan will help write the next chapters — the story of a “premier, knowledge based community.” And, we hope this strategic plan inspires you, the reader, to want to be a part of the Westlake story. Tom Brymer Town Manager/CEO Westlake Academy Outcome Strategies: 1. Implement a Westlake speaker series featuring community leaders – Short-Range and On-going Goals. Team Leader: Ginger Awtry Objective 1.1: Work with Public Arts Society (PAS) to develop community speaker series for both residents and student body. Estimated Completion Date: Spring, 2010 Objective 1.2: Facilitate report with PAS to the Council in order to determine the future direction of the program. Estimated Completion Date: On-going ARTS AND CULTURE — Work with Arts Society to place art pieces within the Town and encourage varied forms of artistic mediums to compliment our natural resources, diverse neighborhoods and corporate architecture. Outcome Measure: Implementation of two speaker sessions per year and incorporate sites for art placement into the comprehensive planning process. Phone: (817) 430-0861 Fax: (817) 430-0967 www.westlake-tx.org Premier communities have a shared vision, mission, and values. More than that, they have a plan to turn that vision into something real that adds value to the community’s quality of life. This is the Westlake Town Council’s strategic plan for its continued pursuit of excellence on be- half of the residents of the Town of Westlake. 3 Village Circle, Suite 202, Westlake, Texas 76262 Town of Westlake Item # 6 – Workshop Adjournment Back up material has not been provided for this item. Town of Westlake Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 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. Presentation of Government Finance Officers Association’s “Certificate of Achievement for Excellence in Financial Reporting”. Town of Westlake Item # 3 – Citizen’s Presentations and recognitions CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the Town Council meeting held on January 25, 2009. b. Consider approval of Resolution 10-03, Amending the Town of Westlake Identity Theft Prevention Policy. c. Consider approval of Resolution 10-04, Accepting the Racial Profiling report as prepared by the City of Keller Police Department. d. Consider approval of Resolution 10-05, Approving amendments to the Town Facility Use policy relative to capital projects and facility modification/improvement projects at the Westlake Academy campus. Town of Westlake Item # 4 - Consent Agenda Items Town Council Minutes 01/25/10 Page 1 of 4 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL REGULAR MEETING January 25, 2010 PRESENT: Mayor Laura Wheat and Council Members, Larry Corson, Carol Langdon, Rick Rennhack, and Rebecca Rollins. Tim Brittan arrived at 4:43 p.m. ABSENT: None OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kelly Edwards, Public Works Superintendent Jarrod Greenwood, Facilities and Recreation Director Troy Meyer, Finance Director Debbie Piper, Court Administrator Amanda DeGan, Assistant to the Town Manager Ginger Awtry, Lt. Richard Whitten, and Planning and Development Director Eddie Edwards. Workshop Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 4:32 p.m. 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM JANUARY 25, 2010, COUNCIL REGULAR MEETING AGENDA. Town Secretary Edwards noted a statement added to Ordinance 632 per the Tarrant County Elections Administrator regarding the Early Voting locations. 3. PRESENTATION, DISCUSSION AND CONSIDERATION OF THE 2010 DIRECTION FINDERS SURVEY. Chris Tatham spoke about the opportunities to use DirectionsFinders to communicate with the residents about the Town’s financial stability. A question of value could be asking why they move to Westlake and what they expect for the future. Discussion ensued regarding the process and content of the new survey. Mr. Tatham recommended several options and to continue to collecting service level data so the Council can view trend data. Town Council Minutes 01/25/10 Page 2 of 4 4. PRESENTATION OF UPDATES AND DISCUSSION OF THE STATUS OF THE TOWN STRATEGIC PLAN. Town Manager Brymer introduced the item and provided an overview of how the plan was created and implemented. Each staff member, as the team leader, provided an update, the current status and future progress. Mayor Wheat asked that due to time the discussion continue at the next Council meeting in February. 5. ADJOURNMENT There being no further business, Mayor Wheat adjourned the workshop at 6:49 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular meeting to order at 7:19 p.m. with all Council Members present. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. CITIZEN PRESENTATIONS There was no one present wishing to address the Council. 4. CONSENT AGENDA a. Review and approve minutes of the Town Council Workshop and Regular meeting held on December 14, 2009. b. Consider Ordinance 632, Calling and Ordering a General election to be held on May 8, 2010. c. Consider Resolution 10-01, appointing Robert Scott to the Westlake Academy Foundation. MOTION: Council Member Rollins made a motion to approve the consent agenda as amended during the workshop. Council Member Brittan seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 01/25/10 Page 3 of 4 5. CONSIDER A REQUEST FOR AN EXTENSION TO THE TIME LIMIT FOR REMOVAL OF THE TEMPORARY STRUCTURE BEING USED AS AN INFORMATION CENTER AND SALES OFFICE AT 1405 FOUNTAIN GRASS COURT IN THE VAQUERO SUBDIVISION. Planning and Development Director Edwards introduced the item and provided background of the proposed request. Council Member Corson provided the history regarding this temporary building. MOTION: Council Member Brittan made a motion to extend the temporary structure until December 31, 2010, to Vaquero and WB Texas Resort Communities. Council Member Rollins seconded the motion. The motion carried by a vote of 5-0. 6. CONSIDER RESOLUTION 10-02, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND THE MARRIOTT SOLANA HOTEL AND A BUDGET AMENDMENT TO FUND SAID AGREEMENT. Town Manager Brymer introduced the item and explained the components of the agreement to the Council. Council Member Corson asked Tom Allen from Maguire Partners if they were in good standing with their lender. Mr. Allen confirmed they were in good standing with their lender. MOTION: Council Member Langdon made a motion to approve. Council Member Corson seconded the motion. The motion carried by a vote of 5-0. 7. FUTURE AGENDA ITEMS No items were presented for consideration. Town Council Minutes 01/25/10 Page 4 of 4 8. COUNCIL CALENDAR - Board of Trustees Meeting February 1, 2010 - NE Transportation Summit (Grapevine Convention Center) February 17, 2010 7:30 – 10:00 am - DFW Connector Groundbreaking Ceremony February 17, 2010 at 11:00 a.m. (DFW Connector field office, 440 W. State Highway 114, Grapevine; Former Grapevine Suzuki dealership) - VIP Reception for Gallery Night February 18, 2010 at 7:00 – 9:00 pm - Westlake Academy Gallery Night event February 26, 2010 at 6:00 – 10:30 pm Town Council Meeting February 22, 2010 - Bandana Bonanza May 8, 2010 - Westlake Academy Graduation May 23, 2010 9. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 7:56 p.m. APPROVED BY THE TOWN COUNCIL FEBRUARY 22, 2010. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Todd Wood, Director of HR and Administrative Services Subject: Revised Town of Westlake Identity Theft Prevention Policy Date: February 22, 2010 Consider a Resolution approving changes to the Town of Westlake Identity Theft Prevention Policy. ITEM BACKGROUND Last year, an Identify Theft Policy was adopted by the Town Council in February 2009 in order to be in compliance with federal law, the Fair and Accurate Credit Transactions Act (FACTA). It is recommended that the policy be updated. The Fair and Accurate Credit Transactions Act provides that the policy should be updated periodically (annually is recommended), as needed. In addition to the need for regular review and updates, there have been changes to the state laws in regard to identity theft, and certain requirements have been made applicable to local governments (Tex. Local Govt. Code § 205.010, Tex. Business & Commerce Code § 521.053). The updated policy is attached, which incorporates the state law requirements as well as revisions for enhanced readability. FACTA requires that the policy be adopted by the governing body, and it is recommended that the revised policy be adopted by the Town Council. None FUNDING Staff recommends approval. RECOMMENDATION Resolution ATTACHMENTS: Exhibit “A” showing the proposed policy. Resolution 10-03 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ADOPTING AN IDENTITY THEFT PREVENTION POLICY IN ACCORDANCE WITH THE FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003 AND STATE LAW REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. WHEREAS, amendment to the Fair and Accurate Credit Transactions Act (“FACTA”) of 2003 required the development of an Identity Theft Prevention Program; and WHEREAS, rules were scheduled to become effective in 2009 and required municipal utilities and other departments to implement an identity theft program; and WHEREAS, the Town of Westlake adopted a policy pursuant to the requirements of FACTA approximately one year ago; WHEREAS, the Town Council has undertaken a review of those requirements and has considered certain recently enacted state law requirements concerning Identity Theft protections; WHEREAS, after consideration of new state law requirements, and in order to update the previous policy for ease of use and readability, the Town Council has determined that an updated policy to be called “Identity Theft Prevention Program” should be adopted; WHEREAS, this Resolution is being passed in full accordance with all requirements of State law, including but not limited to the Open Meeting Act; and WHEREAS, the Town Council determines 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: SECTION 1. THAT all matters set forth herewith are found to be true and correct, are incorporated herein by reference is if copied in their entirety, and are adopted by the Town. SECTION 2. THAT the Town hereby adopts the Policy attached to this Resolution as Exhibit “A” and incorporated by reference herein to be the Town’s Identity Theft Protection Policy. SECTION 3. THAT it is hereby declared to be the intention of the Town, that sections, paragraphs, clauses, and phrases of this Resolution are severable, and if any phrase, clause, sentence or section of this Resolution shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Resolution 10-03 Page 2 of 2 Resolution since the same would have been enacted by the Town without the incorporation in this Resolution of any such unconstitutional or illegal phrase, clause, sentence, paragraph or section. SECTION 4. THAT this Resolution shall be in full force and effect from and after the date of its passage. PASSED AND APPROVED ON THIS 22nd DAY OF FEBRUARY 2010. ___________________________________ ATTEST: Laura Wheat, Mayor ___________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _____________________________ L. Stanton Lowry, Town Attorney Resolution 10-03 Attachment A Town of Westlake Identity Theft Prevention Policy Effective beginning February 23, 2009 Revised February 22, 2010 Resolution 10-03 Attachment A 2 INTRODUCTION The Town of Westlake (“Town” or “Utility”) is committed to keeping the information we receive 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 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. PROGRAM PURPOSE 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. In addition, the Town will review recommended industry guidelines and follow those guidelines that are applicable to Town operations and which would aid in the prevention of identity theft. Eliminating identity theft involves prevention, monitoring and notification. We will prevent fraudulent accounts from being opened, we will monitor existing accounts for suspicious activity and we will notify people if an unauthorized release occurs. Industry standards to be studied include those promoted by the credit card industry, such as the Payment Card Industry Data Security Standards (PCI DSS). REQUIREMENTS Federal Law. According to the Fair and Accurate Credit Transactions Act (“FACTA”) a municipal utility is a creditor subject to the requirements of the law. FACTA defines creditors “to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors.” All the Utility’s accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. FACTA provides for certain “Red Flags” in its “Red Flag Rule” to assist in identifying and preventing identity theft. Under the Red Flag Rule, every financial institution and creditor is required to establish an “Identity Theft Prevention Program” tailored to its size, complexity and the nature of its operation. Each program must contain reasonable policies and procedures to: 1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; Resolution 10-03 Attachment A 3 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; and 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. State Law. 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 set out in the State Law section below. Industry Standards. The Town is interested in any workable methods to assist in the goal of preventing identity theft, and will also review industry standards to determine if such standards are applicable to Town operations, and, if so, the standards should be utilized by the Town. More discussion in regard to industry standards is set out in the Industry Standards section below. FEDERAL LAW FACTA COMPLIANCE I. FACTA - IDENTIFICATION OF RED FLAGS. In order to identify relevant Red Flags, the Utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Utility identifies the following red flags, in each of the listed categories: A. Notifications and Warnings From Credit Reporting Agencies Red Flags 1) Report of fraud accompanying a credit report; 2) Notice or report from a credit agency of a credit freeze on a customer or applicant; 3) Notice or report from a credit agency of an active duty alert for an applicant; and 4) Indication from a credit report of activity that is inconsistent with a customer’s usual pattern or activity. B. Suspicious Documents Red Flags 1. Identification document or card that appears to be forged, altered or inauthentic; Resolution 10-03 Attachment A 4 2. Identification document or card on which a person’s photograph or physical description is not consistent with the person presenting the document; 3. Other document with information that is not consistent with existing customer information (such as if a person’s signature on a check appears forged); and 4. Application for service that appears to have been altered or forged. C. Suspicious Personal Identifying Information Red Flags 1. Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates); 2. Identifying information presented that is inconsistent with other sources of information (for instance, an address not matching an address on a credit report); 3. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; 4. Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); 5. Social security number presented that is the same as one given by another customer; 6. An address or phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required); and 8. A person’s identifying information is not consistent with the information that is on file for the customer. D. Suspicious Account Activity or Unusual Use of Account Red Flags 1. Change of address for an account followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use (example: very high activity); 4. Mail sent to the account holder is repeatedly returned as undeliverable; 5. Notice to the Utility that a customer is not receiving mail sent by the Utility; 6. Notice to the Utility that an account has unauthorized activity; 7. Breach in the Utility's computer system security; and 8. Unauthorized access to or use of customer account information. E. Alerts from Others Red Flag Resolution 10-03 Attachment A 5 1. Notice to the Utility from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. II. FACTA - DETECTING RED FLAGS. A. New Accounts In order to detect any of the Red Flags identified above associated with the opening of a new account, Utility personnel will take the following steps to obtain and verify the identity of the person opening the account: Detect 1. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; 2. Verify the customer's identity (for instance, review a driver's license or other identification card); 3. Review documentation showing the existence of a business entity; and 4. Independently contact the customer. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, Utility personnel will take the following steps to monitor transactions with an account: Detect 1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); 2. Verify the validity of requests to change billing addresses; and 3. Verify changes in banking information given for billing and payment purposes. III. FACTA - PREVENTING AND MITIGATING IDENTITY THEFT In the event Utility personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: Prevent and Mitigate 1. Continue to monitor an account for evidence of Identity Theft; 2. Contact the customer; 3. Change any passwords or other security devices that permit access to accounts; Resolution 10-03 Attachment A 6 4. Not open a new account; 5. Close an existing account; 6. Reopen an account with a new number; 7. Notify the Program Administrator for determination of the appropriate step(s) to take; 8. Notify law enforcement; or 9. Determine that no response is warranted under the particular circumstances. Protect customer identifying information In order to further prevent the likelihood of Identity Theft occurring with respect to Utility accounts, the Utility will take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Ensure that its website is secure or provide clear notice that the website is not secure; 2. Ensure complete and secure destruction of paper documents and computer files containing customer information; 3. Ensure that office computers are password protected and that computer screens lock after a set period of time; 4. Keep offices clear of papers containing customer information; 5. Request only the last 4 digits of social security numbers (if any); 6. Ensure computer virus protection is up to date; and 7. Require and keep only the kinds of customer information that are necessary for utility purposes. IV. FACTA - PROGRAM UPDATES The Program Administrator will periodically review and update this Program to reflect changes in risks to customers and the soundness of the Utility from Identity Theft. In doing so, the Program Administrator will consider the Utility's experiences with Identity Theft situations, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, and changes in the Utility's business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the Program, including the listing of Red Flags, are warranted. If warranted, the Program Administrator will update the Program or present the Town Council with his or her recommended changes and the Town Council will make a determination of whether to accept, modify or reject those changes to the Program. V. FACTA - PROGRAM ADMINISTRATION . A. Oversight Responsibility for developing, implementing and updating this Program lies with an Identity Theft Committee for the Utility. The Committee is headed by a Program Resolution 10-03 Attachment A 7 Administrator who may be the head of the Utility or his or her appointee. Two or more other individuals appointed by the head of the Utility or the Program Administrator comprise the remainder of the committee membership. The Program Administrator will be responsible for the Program administration, for ensuring appropriate training of Utility staff on the Program, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program. B. Staff Training and Reports Utility staff responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Staff will provide reports to the Program Administrator on incidents of Identity Theft, the Utility's compliance with the Program and the effectiveness of the Program. C. Service Provider Arrangements In the event the Utility engages a service provider to perform an activity in connection with one or more accounts, the Utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft. 1. Require, by contract, that service providers have such policies and procedures in place; and 2. Require, by contract, that service providers review the Utility's Program and report any Red Flags to the Program Administrator. D. Non-disclosure of Specific Practices For the effectiveness of this Identity Theft Prevention Program, knowledge about specific Red Flag identification, detection, mitigation and prevention practices must be limited to the Identity Theft Committee who developed this Program and to those employees with a need to know them. Any documents that may have been produced or are produced in order to develop or implement this program that list or describe such specific practices and the information those documents contain are considered unavailable to the public because disclosure of them would be likely to substantially jeopardized the security of information against improper use, that use being to circumvent the Utility’s Identity Theft prevention efforts in order to facilitate the commission of Identity Theft. If a request is received for such information, Town staff will request an opinion from the Texas Attorney General as to whether or not such information is public, citing concerns in regard to identity theft and federal laws requiring prevention of identity theft. Resolution 10-03 Attachment A 8 STATE LAW Notification of Breach of Security of Computerized Data The Town will disclose any breach of system security, once such breach is discovered or the Town is notified of a breach to any resident of the state whose sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Such disclosure shall be made as quickly as possible and without unreasonable delay, unless the Town is advised by law enforcement personnel to delay providing notice because the notification will impede a criminal investigation. In such an instance, notification will occur as soon as the law enforcement agency determines that such notification will not compromise the investigation. Notice shall be provided in writing. If the cost of providing notice is shown to exceed $250,000 or the number of affected people to notify exceeds 500,000, or the Town does not have sufficient contact information, the Town may give notice in such a case, by electronic mail, conspicuous posting of the notice on the Town’s website or notice published in or broadcast on major statewide media. If more than 10,000 people are affected by a breach of system security, the Town shall also notify each consumer reporting agency that maintains files on consumers on a nationwide basis of the timing, distribution and content of the notices. INDUSTRY STANDARDS Industry standards will be regularly reviewed to see if those standards are applicable to Town operations and could be helpful in the Town’s goal of prevention of identity theft. In addition, certain credit card companies may require the adoption of such standards as a requirement for acceptance of such credit cards for payment of Town accounts. One of the best known set of standards is the Payment Card Industry Data Security Standards (PCI DSS) and their standards will be reviewed and incorporated into Town practices as appropriate. Some of those industry standards, which may be updated or changed from time to time, could include methods such as installing and maintaining a firewall, not using vendor default passwords, protecting stored data, encrypting transmissions of credit card holder data, using and updating anti-virus software, developing and maintaining secure systems and applications, restricting access to people who need to know, assigning unique identification to all users, restricting physical access to credit or debit card data, tracking and monitoring access to such data, regularly testing security systems and processes, and maintaining and updating an information security policy. Resolution 10-03 Attachment A 9 DEFINITIONS “Breach of System Security” means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purpose of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. “Covered Account” means: 1. Any account the Utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the Utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Utility from Identity Theft. “Identifying information” means “any name or number that may be used, alone or in conjunction with any other information, to identify a specific person,” including: name, address, telephone number, social security number, date of birth, government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer’s Internet Protocol address, or routing code. “Identity Theft” means “fraud committed using the identifying information of another person” and a “Red Flag” as “a pattern, practice, or specific activity that indicates the possible existence of Identity Theft.” “Red Flags” mean specific examples of activity or documents or other items that should alert the suspicions of the Utility and could be used in carrying out identity theft. “Sensitive Personal Information” means: (1) An individual’s first name or first initial and last name in combination with any of the following items, if the names and the items are not encrypted: (a) social security number; (b) driver’s license number or government-issued identification number; (c) account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account; or (2) Information that identifies an individual and relates to: (a) the physical or mental health or condition of the individual; (b) the provision of health care to the individual; or (c) payment for the provision of health care to the individual. Resolution 10-03 Attachment A 10 PROGRAM ADOPTION – LEGAL AUTHORITY The Town developed this Identity Theft Prevention Program ("Program") pursuant to the Federal Trade Commission's Red Flags Rule (“Rule”), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2 and Texas law, specifically Texas Business and Commerce Code section 521.053, mad applicable to local governments by Texas Local Government Code section 205.010. This Program was developed with oversight and approval of the Town Council. After consideration of the size and complexity of the Town's operations and account systems, and the nature and scope of the Town's activities, the Town Council determined that this Program was appropriate for the Town, and therefore initially approved this Program on February 23, 2009, and updated the program on February 22, 2010. Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Regular Meeting of February 22, 2010 Date: February 15, 2010 ITEM Consider a Resolution accepting the 2009 Racial Profiling Report as prepared by the Keller Police Department. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas:  Inviting Residential & Corporate neighborhoods o Sensitivity to neighborhood integrity  We are Leaders o High quality services delivery coupled with financial stewardships  o Citizen engagement and communication Hospitality Finds Its Home in Westlake BACKGROUND The State of Texas requires that all law enforcement agencies involved in traffic enforcement submit an annual report to the governing body concerning racial profiling of such enforcement activities. In accordance with Texas Racial Profiling Law (S.B. No. 1074), Keller Police Chief Mark Hafner has provided this report for the Town of Westlake. There is no direct funding impact by this agreement on the adopted budget. FUNDING RECOMMENDATIONS Staff recommend adoption of the resolution approving this report. Resolution with the 2009 racial profile report as an exhibit. ATTACHMENTS Resolution 10-04 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-04 RECOGNIZING THE IMPORTANCE OF COMPLYING WITH TEXAS RACIAL PROFILING LAW (S.B. NUMBER 1074); ACCEPTING THE RACIAL PROFILING REPORT FOR THE TOWN OF WESTLAKE AS PREPARED BY THE CITY OF KELLER POLICE DEPARTMENT, THE TOWN’S CONTRACTING LAW ENFORCEMENT AGENCY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, Texas Racial Profiling Law (S.B. Number 1074) requires the collecting of law enforcement contact data for the purpose of identifying and responding (if necessary) to the concerns regarding racial profile practices; and WHEREAS, the Texas Racial Profiling Law requires that the jurisdiction’s law enforcement agency establishes a policy detailing the methodology for the collection, analysis, and enforcement of said law. In order to comply with the requirements of said law, the law enforcement agency shall report annually the findings associated with the data gathered during the performance of said law enforcement activities. Said report shall be provided in writing to the governing body; and WHEREAS, the Town of Westlake’s Racial Profiling Report is provided by the City of Keller Police Department – the contracting law enforcement agency. The report as submitted by the Keller Police Department details the data as required by the law; and WHEREAS, the said report, as submitted by the Keller Police Department, is provided for acceptance by the Town of Westlake; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1 . That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2 . That the Town of Westlake accepts the Racial Profiling Report as submitted (Exhibit “A”) as a true and accurate report concerning this subject as addressed under the terms of the contract for law enforcement with the City of Keller and its Police Department. SECTION 3. By accepting this report, the Town of Westlake acknowledges compliance with said law. SECTION 4. passage. That this Resolution shall be in force and take effect immediately upon Resolution 10-04 Page 2 of 2 SECTION 5 . If any provision of this Resolution shall be held invalid or unconstitutional, then the remainder of such Resolution shall remain in full force and effect as if separately enacted. PASSED AND APPROVED ON THIS 22 DAY OF FEBRUARY 2010. _________________________________________ Laura Wheat, Mayor ATTEST: _________________________________ _________________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: __________________________________ L. Stanton Lowry, Town Attorney Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Troy Meyer, Facilities and Recreation Director Subject: Facility use Policy February 22, 2010 Date: February 22, 2010 Consider a resolution approving amendments to the Town facility use Policy relative to capital projects and facility modification/improvement projects at the Westlake Academy campus. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy o Infrastructure maintenance and planning As the Academy continues to grow and may experience the need for additional facilities and/or modifications and renovations to the current buildings, the Staff has composed a draft policy to identify a central point of contact for requests which will affect the budgeting process or require a capital project and/or a remodeling project. This policy will be submitted in tandem with an amendment to the Westlake Academy/Civic Campus Facility Use Guidelines and policies in our current Town Council facility use policy to also identify a central point of contact and to tie in with our municipal budgeting procedures. The rental of the civic camp facility use fees, guidelines and policies were approved on October 27, 2008. BACKGROUND The Campus Facility Renovation/Modification Projects and Capital Projects was approved by the Board of Trustees on November 3, 2009. Not applicable at this time. FUNDING For the Council to review and discuss the Draft policy regarding WA capital projects and facility renovation projects and provide Staff with feedback concerning the content of this draft policy for their consideration for approval at a future meeting. RECOMMENDATION Resolution ATTACHMENTS: Policy concerning WA Capital Projects and Facility Renovation/Modification Resolution 10-05 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-05 APPROVING AMENDMENTS TO THE TOWN COUNCIL FACILITY USE POLICY RELATIVE TO CAPITAL PROJECTS AND FACILITY MODIFICATION/IMPROVEMENT PROJECTS AT THE WESTLAKE ACADEMY CAMPUS. WHEREAS, the Town of Westlake recognizes that ongoing updates to the town council facility use policy are necessary to ensure best practices; and, WHEREAS, Academy continues to grow and may experience the need for additional facilities and/or modifications and renovations to the current buildings. WHEREAS, the Staff has composed a policy to identify a central point of contact for requests which will affect the budgeting process or require a capital project and/or a remodeling project WHEREAS, the Town of Westlake desires is to maintain the Westlake Academy campus as a premier educational facility which will provides students and staff with a quality environment that reflects the goals and vision of the Town’s leaders; Infrastructure maintenance and planning. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Resolution above are found to be true and correct and are incorporated herein by reference as copied in their entirety. SECTION 2. The Town Council hereby approves the policy as amended attached hereto as Exhibit “A”. SECTION 3. That this resolution shall become effective from and after its date of passage. Resolution 10-05 Page 2 of 2 PASSED AND APPROVED ON THIS 22 DAY OF FEBRUARY 2010. ____________________________________ ATTEST: Laura Wheat, Mayor ____________________________ ____________________________________ Kelly Edward, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 1 TOWN OF WESTLAKE FACILITY USE POLICY Policy No. 09- : Date Board Adopted: Date Board Amended: N/A Effective Date : Policy Name Projects : Campus Facility Renovation/Modification Projects and Capital Policy Category : Governance Policy Goal coordination for Westlake Academy campus facility additions, : Establishment of a process and central point of contact and renovations, modifications, and proposed capital projects Policy Description As Westlake Academy has transitioned into a K -12 educational facility, the need now exists to formally identify a specific individual/position for capital project submission requests as well as coordination of all campus facility renovation and modification projects. The CEO, or his/her designee, shall be the central point of contact for all such projects. : All p rojects involving additions or modifications to the existing campus will be submitted during the Academic Services Budget preparation process with a full description of the project, its budget, and any impact on on -going operating costs. All c apital projects will be submitted in accordance with the capital budgeting process and the budget calendar on forms provided by the Town. All projects will be submitted through the CEO or his/her designate. All capital projects will be submitted in accordance with the Town’s current financial policies adopted with the Town budget. This policy applies to projects submitted by Staff and by Academy affiliate organizations. Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Eddie Edwards, Director of Planning and Development Subject: Regular Meeting of February 22, 2010 Date: February 15, 2010 ITEM Consider an ordinance amending Chapter 70 of the Town of Westlake Code of Ordinances which regulates the erection, structural alteration and maintenance of outdoor signs. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas:  Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Sensitivity to neighborhood integrity o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation BACKGROUND This proposed amendment is intended to address two issues, adaptation to current governmental structure and procedure, and modifying specific sign regulations to more appropriately apply to the development anticipated in the Town of Westlake. One issue addressed is allowing an increase in allowable sign size for temporary real estate signs for property along FM 1938 and State Highways. The new regulations will allow an increase from twenty (20) square feet to forty (40) square feet and allow the addition of graphic or pictorial images of the proposed development. This will aid with economic development and addresses safety concerns stemming from signs along multi- lane roadways being too small to read without slowing or stopping. Another issue being addressed is the signage and addressing of residential properties. The current regulations encourage posting a house name instead of an address which is in conflict with the International Building Code and International Fire Code both of which requires an address to be posted on the property in a manner that is visible from the street. FUNDING No funding will be required if the proposed ordinance is approved. RECOMMENDATION Staff recommends approval of the proposed ordinance amending Chapter 70 of the Town of Westlake Code of Ordinances. ATTACHMENTS: Document with changes tracked for easier review. Ordinance Chapter 70 SIGNS* __________ *Cross references: Buildings and building regulations, ch. 18; construction and sign application, § 18-61 et seq.; engineering standards, ch. 36; planning, ch. 62; streets, sidewalks and other public places, ch. 78; zoning, ch. 102. State law references: Regulation of signs by municipalities, V.T.C.A., Local Government Code ch. 216; outdoor advertising, V.T.C.A., Transportation Code § 391.031 et seq. __________ Sec. 70-1. Purpose. Sec. 70-2. Objective. Sec. 70-3. General provisions. Sec. 70-4. Interpretation. Sec. 70-5. Projection over public property or public right-of-way. Sec. 70-6. Health, safety, welfare. Sec. 70-7. Alarm device signs. Sec. 70-8. Construction signs. Sec. 70-9. Temporary signs. Sec. 70-10. Removal of signs, display cases. Sec. 70-11. Time limitation of approved applications. Sec. 70-12. Signs and display cases within commercial districts. Sec. 70-13. Residential districts. Sec. 70-14. Construction. Sec. 70-15. Placement on another's property. Sec. 70-16. Placement on vehicles. Sec. 70-17. Placement of outdoor advertising on trees, rocks, other natural features. Sec. 70-18. Prohibited advertising devices. Sec. 70-19. Functions of the board of aldermen Town Council. Sec. 70-1. Purpose. The town recognizes the need for signs. It is intended that this chapter regulate the location, size, construction, erection, duration, use and maintenance of all signs within the jurisdiction of the town. (UDC 1994, art. X, § 1) Sec. 70-2. Objective. The town adopted the ordinance from which this chapter is derived, Ordinance No. 159, originally on February 9, 1989, to specifically protect the health, safety and welfare of its citizens, to promote property values, to reduce visual pollution, to promote community environmental setting and appearance, and to support the objectives of the individual zoning districts by providing for a comprehensive regulation of outdoor advertising, specifically to include the erection, structural alteration and maintenance of all types of billboards, signs, bills, posters and other outdoor advertising material within the corporate limits of the town. (UDC 1994, art. X, § 2) Sec. 70-3. General provisions. It shall be unlawful for any landowner, tenant, contractor or other person having responsibility or control of any premises, to suffer, permit or allow placement, erection or maintenance of any sign or display case of any type within this town other than publicly-maintained street or directional signs, except as specifically provided for in this chapter. (UDC 1994, art. X, § 3) Sec. 70-4. Interpretation. Nothing in this chapter shall be construed to give the right to any person to erect or maintain any outdoor advertising in any zone or district of the town wherein the particular form of outdoor advertising is prohibited by deed restrictions, zoning or other ordinances, state or federal law or regulations. (UDC 1994, art. X, § 4) Sec. 70-5. Projection over public property or public right-of-way. No sign shall extend over public property or public right-of-way. (UDC 1994, art. X, § 5) Cross references: Streets, sidewalks and other public places, ch. 78. Sec. 70-6. Health, safety, welfare. Whenever unusual circumstances arising out of unique conditions surrounding a building site or caused by its occupancy give rise to problems of health, safety and welfare that could be substantially alleviated by the use of a sign, such sign as may be necessary for the purpose involved, may be temporarily erected upon approval of the building official Town Manager or a designated representative. Such approval shall may be temporarily given at the time an application is made to the town if formal approval of the sign is required, based on the zoning district or specific site plan standards, by the Town Council. Such temporary approval shall be granted only for the time period necessary for the routine approval or disapproval of the sign by the board of aldermen Town Council. Such signs shall be restricted to the minimum area necessary to accomplish the purpose for such signs. (UDC 1994, art. X, § 6) Sec. 70-7. Alarm device signs. It is essential that when alarm devices are installed on residential buildings that identification be given as to the company, person, representative or agency to be contacted in case of its activation. Only one such sign shall be allowed per street face for each system installed and the sign area shall be limited to 140 square inches, except additional signs may be permitted by the board of aldermen Town Council upon application, only when such signs are found by the board to be necessary for the safety and welfare of the occupants or property involved. (UDC 1994, art. X, § 7) Sec. 70-8. Construction signs. Whenever a building permit has been issued for the construction, alteration or repair of a structure, and work is in progress on the site pursuant to such permit, contractors or architects engaged in such work during the time such work is going on, may display on the site their sign, which may be either made of materials permitted for permanent or temporary signs as prescribed in this chapter, provided, however, that the following area requirements are complied with: (1) No such individual sign displayed on the building site shall be of an area larger than 20 square feet. (2) No individual contractor or architect shall display more than one sign on any building site at any given time. (3) The total area of construction signs displayed at any one time on the building site, considered together, shall not exceed 30 square feet. Exceptions: Signs identifying the property or project, signs used for directional or access control, and signs used for posting of notices required by other ordinances, laws or regulations, may be approved by the town manager or a designated representative. (UDC 1994, art. X, § 8) Sec. 70-9. Temporary real estate signs. (a) Generally. Temporary real estate signs are such signs as may be needed from time to time to indicate that the premises are for sale or for rent. (b) Number and size. Such signs shall be limited to one such sign for each property frontage involved and no single sign shall exceed 20 square feet in area or contain lettering exceeding 12 inches in height. Exception: Signs located on property fronting a State Highway or FM 1938 may not exceed 40 square feet. (c) Contents. Such signs shall contain only the following information: (1) That the property is for sale, lease or exchange by the owner or his/her agent. (2) The owner's or agent's name. (3) The owner's or agent's address and telephone number. (4) When appropriate to the occasion, the words "open house" or "inquire within." (5) The town name provided the majority of the property is located within the Town of Westlake. (6) A graphic or pictorial representation of the proposed development or structures. (7) The name of the project or development, subject to approval by the Town Manager or a designated representative. The objective being not to permit signage that could be confusing or misleading and not to advertise development outside the Town of Westlake. (d) Conditions. Such signs shall not be located on or over public property and may only be displayed on the property that is for sale, exchange or lease. Temporary signs may be made of the same material permitted for permanent signs, and in addition, may be made of less durable materials and woods such as pasteboard; but in no event shall be self- illuminated, luminescent, fluorescent, or have any characteristic which will make them glow or shine. Such signs shall be removed upon agreement of sale, exchange or lease. (UDC 1994, art. X, § 9) Sec. 70-10. Removal of signs, display cases. (a) (a) Generally. Signs or display cases which have been abandoned due to a closing of a business, a change in business name or for any other reason rendering the sign or display case not applicable to the property involved, shall be removed by the permit holder or the owner of the building or premises within ten working days from the date of the action that caused the sign or display case to be considered abandoned. A condition of approval for all signs or display cases shall be that the permit holder or owner of the building of premises, at his/her own expense, remove all signs or display cases. An abandoned sign or display case may be removed by the town after the ten- working-day period, and the permit holder or owner may be charged for the cost of removal. New signs for a building or property on which an abandoned sign is located shall not be approved until the abandoned sign is removed. Approval may be given on the condition that the abandoned sign is removed before a new sign is erected. (b) Hearing. The board of aldermen Town Council shall hold a hearing to determine when a sign or display case is abandoned. Ten days' written notice of the hearing shall be sent by certified mail to the permit holder at his/her last known address, and to any other address at which there is reason to believe he/she might receive mail, and to the owner at his/her address. The notice shall state: (1) A general description of the sign or display case. (2) That upon a finding of abandonment, the sign or display case shall be held by the town for 15 working days and then disposed of by sale if determined to be of a value of $100.00 or more, or disposed of in any manner if worth less than $100.00. (3) Where the sign or display case may be reclaimed. (4) That the reasonable costs of removal may be assessed at the hearing along with an administrative charge. (5) That the hearing and assessments can be avoided by the removal of the sign or display case within 72 hours after the date of the notice. (c) Cost assessment. The board of aldermen Town Councilshall determine the reasonable cost to the town of removing the sign or display case and if an administrative charge should be assessed. Administrative costs shall be $100.00 unless otherwise determined by resolution of the board. Proceeds shall be first applied to pay assessed costs, administrative costs, and other costs reasonably incurred. (UDC 1994, art. X, § 10) Sec. 70-11. Time limitation of approved applications. Approved applications for signs or display cases shall be considered null and void when any of the conditions below are found to exist: (1) That such sign or display case was not built or placed in accordance with the approval granted. (2) That the sign or display case was not placed on the site within 90 days of approval and no extension of time has been granted by the approving body town manager or a designated representative. (3) That the business license has lapsed or become inactive, or the sign is considered abandoned as described in section 70-10. (UDC 1994, art. X, § 11) Sec. 70-12. Signs and display cases within commercial districts. (a) (a) Generally. All signs or display cases in the commercial districts require a sign permit. The building official town manager or a designated representative may, subject to the standards set forth in this chapter, temporarily approve an application for a sign or display case. Such approval shall expire at the next meeting of the board of aldermen. All permits shall be for a specific location and the moving of such signs or display cases shall require a new permit. The regulations in this section shall apply within the commercial districts. (b) Prohibited signs and display cases. No sign or display case shall be permitted that: (1) Does not pertain to a commercial use on the site. (2) Is incompatible in design with the building and space allotted. (3) Is flashing, illuminated, phosphorescent, moving or primarily glossy. (4) Contains lettering exceeding 12 inches in height. (5) Projects or extends above the eave or parapet line, if attached to any structure. (6) Is for a business which does not have an active business license certificate of occupancy on file with the town. (7) Exceeds 24 square feet in area. (8) Could create confusion to the public or to police and fire response calls in emergencies, or tends to degrade the character of the town, affect the peace, health and welfare of the community or result in a degradation of property values and/or an increase in the cost of municipal services. (c) Maximum allowable sign area. The maximum aggregate area of all signs shall not exceed the following for buildings within the commercial district: (1) A building with 40 feet or less frontage on a public way shall not exceed 16 square feet of exterior signs and ten square feet of interior signs. (2) A building with frontage greater than 40 feet on a public way shall not exceed four square feet of signs for each ten feet of frontage or major fraction thereof, up to a maximum of 24 square feet for exterior and 20 square feet for interior signs. (3) A building with frontage on more than one public way shall not exceed four square feet of signs for each ten feet of frontage on any building face for both interior and exterior signs, up to a maximum of 20 square feet unless the building elects not to place signs on one of the faces in which event the provisions of subsection (c)(2) of this section will apply. (4) A building designed in such a way as to have business locations within the interior of the structure served by an interior mail or by other means of ingress and egress by the public shall be limited to one sign at each entry identifying the building or mail name and a directory which may contain the names of all businesses within the building. Individual businesses within the building shall be limited to one projecting sign not to exceed three square feet in area or one flat sign not to exceed six square feet in area when approved by the board of aldermen Town Council. Interior business locations shall not be entitled to individual signs on the exterior of the building adjacent to the public way or individual signs within the mall or walkway area of the building other than as permitted in this subsection. (5) The board of aldermen Town Council may make special exemptions to the allowable areas in this subsection where hardship is incurred or where unusual design of a building requires special consideration. (d) Signs exempt from formal review. (1) Interior signs of 160 square inches or less when the aggregate area does not exceed that allowable for interior signs. (2) Temporary signs as provided for in this chapter. (3) Political signs so long as they do not exceed the maximum square footage provisions of this section. Thirty days after the election, which includes any run off election, all political signs pertaining to such election shall be removed or be subject to removal by the town. Candidates shall be responsible for removal of their political signs. If the town removes the signs, it may assess the candidate the actual costs of removal. (4) Signs advertising civic events sponsored by the town, Westlake Academy or other local civic clubs provided that no sign shall be allowed to remain posted longer than seven days before the event and be removed within 24 hours of the conclusion of the event. Location of these temporary signs must be approved in advance by the town manager or his designee. (e) Sign area. In calculating the area of signs, the following shall apply: (1) All faces of a multifaced sign shall be included except for double-faced signs in which case only one face shall be included. (2) For irregular shaped signs, the area shall be that of the smallest rectangle that will wholly contain the sign. (3) That with the exception of signs which are allowed to be painted directly on a wall the area of a sign shall include the board or other material of which the sign is a part, including framing, visual or otherwise, but exclusive of the brackets from which the sign is hung. (f) Standards for display cases. (1) All display cases shall be in size and scale with their surroundings and shall be designed in keeping with the existing architecture. (2) Display cases shall not exceed ten square feet in area or ten cubic feet in total volume. (3) Display cases shall contain but one sign no larger than necessary to identify the owner of the case and direct the public to the store where the merchandise displayed is sold. The sign shall not exceed 24 square inches. (4) Display cases shall be located on the same property as the business premises to which the display case applies. (5) All display cases shall be maintained in accordance with the approval granted for their placement. (6) Merchandise displayed in the case shall be typical of products for sale in the business premise and the case shall not be used to display wares of another business located elsewhere or of merchandise not available in the store to which the display case has been permitted. (g) Special exceptions. The board of aldermen Town Council may consider resolutions which grant special exceptions to this subsection where hardship is incurred or where unusual circumstances warrant special consideration. (UDC 1994, art. X, § 12; Ord. No. 501, § 2, 5-8-2006; Ord. No. 505, § 2, 6-26-2006; Ord. No. 506, § 2, 6-26-2006) Sec. 70-13. Residential districts. (a) (a) Generally. It is recognized that no house numbering system exists in most parts of the town, and house signs featuring either the name of the house or the name of the occupant, or both, have historically served a necessary function in locating residences and their occupants by a method deemed preferable to a house numbering system. It is further recognized that there are other situations wherein the use of signs by property owners in the residential district is deemed appropriate; such signs, however, to be subordinate to the primary signs naming the house or occupants. To provide appropriate regulation of such signs, this section is enacted. The regulations in this section shall apply to all signs in the residential districts. (b) Prohibited signs. The following signs are prohibited in residential districts: (1) Self-illuminated, luminescent, fluorescent signs or signs having any characteristic which makes them glow or shine. (2) House name signs and occupant name plates exceeding two square feet each in area and signs designated "No Handbills Allowed" or "No Soliciting Allowed" exceeding two inches by 12 inches. (3) Signs other than temporary signs described elsewhere in this chapter, which are made of cardboard or less permanent material. (4) Permanent signs exceeding an aggregate area of four square feet when not otherwise authorized through a use permit. (5) Temporary signs which: a. Exceed four square feet in area. b. Have letters exceeding four inches in height. c. Total more than two such signs on a single-family building site. d. Construction signs exceeding that allowable under this chapter. e. Any sign not expressly allowed in this chapter. (c) Allowable signs. The following signs are allowable in residential districts: (1) House name signs and occupants' name plates. (2) House name signs and occupants' name plates. Meaning are those signs which, by their nature and wording, identify either the house or its occupant, or both. , and which essentially take the place of house numbers. Such signs may include pictorial and decorative designs as well as words, and may be in any shape or form, but shall not exceed four square feet in area. The name of a ranch or farm when incorporated into an entranceway or gate to the property is exempt from these provisions if such has been approved by the board of aldermen Town Council. The names or designs denoting ranches in existence on May 9, 1994, are exempt from the provisions of this chapter. (d) Home occupation signs. Home occupation signs are those signs designating a permitted home occupation in the residential district being carried on at the site, and are only permissible in the R-5 Country Residential District. The legend designating the home occupation may be merged with house names or occupant's type sign, thus constituting one sign; or may, at the occupant's option, be stated on a separate sign; providing, however, that such separate sign shall not exceed an area of two square feet. (e) Temporary signs. Temporary signs shall be as provided for in this chapter. In addition, one garage sale, rummage sale or estate sale sign not exceeding three square feet or having letters exceeding three inches in height may be displayed on the site during the hours of the sale. (f) Political signs. Political signs may be placed on the property provided they do not exceed four square feet in area provided that: (1) No political sign may be placed in the public roadway or easement adjacent to such roadway or placed in any location which would cause a traffic hazard by obscuring or in any manner blocking the vision of any driver of a vehicle using the public street or entering any such street. (2) Thirty days after the election, which includes any run- off election, all political signs pertaining to such election shall be removed or be subject to removal by the town pursuant to the provisions of this chapter. (g) Signs designated "No Handbills Allowed" or "No Soliciting Allowed" not exceeding two inches by 12 inches (UDC 1994, art. X, § 13) Sec. 70-14. Construction. (a) Generally. (1) All signs shall be constructed and supported to withstand a horizontal pressure of 30 pounds for every square foot of exposed surface. All structural members, hangers, braces, tie rods, cables, anchors and fastenings shall be of sufficient strength to withstand the stresses that may be brought upon them with a factor of safety of six. (2) Signs weighing 20 pounds or less attached to the wall of a building may have the cable or wire hanger anchored with an expansion shield and bolt; provided, that the wall is sound and the projection of the sign is not excessive in relation to the size of the wall and pitch of the hanger. Wall anchors for guy cable or wires for such signs shall be expansion shields and bolts or through bolts fastened on the opposite side of the wall. No staples or nails shall be used for anchoring any guy wire or cable. (3) Where signs and sign frames are supported or suspended with chains or wire, chains or wire of not less than No. 8 B & B standard gauge shall be used. Chain supports shall have welded links of not less than 3/16 of an inch in diameter. No cable shall be tied or loosely twisted around any anchor or any other support, but shall be properly sized around the anchor or joined into a loop and the loose end fastened to the standing part of the cable with approved clips or clamps. Where signs are bolted to supports, the bolts shall be supplied with lock nuts. All cable and wire used in hanging signs shall be galvanized. All other supports and exposed structural parts shall be maintained in a safe condition at all times and kept in good condition and repair. (b) Signs erected upon or anchored to fire wall or coping. No sign shall be erected upon the fire wall or coping of any building unless such wall is especially designed to carry the additional load. No sign shall be anchored to such wall, but shall be attached to and supported by other structural parts of the building. (c) Glazing: strength of glass. The glazing of signs shall be done in a substantial manner. Glass shall be well bedded in putty and secured in substantial frames of copper or zinc tracery. Glass may be plate or double strength. In no case shall glass less than one-eighth of an inch in thickness be used. No single light of plate glass shall exceed 200 square inches in area. No light of double strength glass shall exceed 600 square inches in area. (d) Obstruction of lighting and utilities. No outside advertising shall be so placed as to appreciably obstruct the lighting of any street, alley or public property, or interfere with any public utility service or traffic control device. (e) Obstruction of fire escapes. No sign of any kind shall be placed in any position in such a manner as to obstruct any fire escape, door, window or other passageway leading to a fire escape or to a street exit, nor shall a sign be fastened in any manner to a fire escape. (UDC 1994, art. X, § 14) Sec. 70-15. Placement on another's property. It shall be unlawful for any person to post, paint or otherwise exhibit any billboard, advertisement, poster, bill or other notice or sign, on any property not owned or controlled by him, without the permission of the person owning or controlling such property. (UDC 1994, art. X, § 15) Sec. 70-16. Placement on vehicles. It shall be unlawful for any person to place or cause to be placed anywhere in the town, any poster, placard, handbill, or advertising material on any vehicle, or in any location, in such a manner that the poster, placard, handbill, or advertising material may reasonably be expected to be blown about by the wind. It shall be presumed that the person's name that appears on such poster, placard, handbill, or advertising material has knowledge of the location and manner that such item was placed. It shall be further presumed that if a large number of such items are found scattered about and being blown about by the wind that the items were placed in such a manner that they might reasonably be expected to be blown about by the wind. (UDC 1994, art. X, § 16) Cross references: Traffic and vehicles, ch. 90. Sec. 70-17. Placement of outdoor advertising on trees, rocks, other natural features. It shall be unlawful for any person to erect, maintain or paint any sign, billboard or other outdoor advertising upon a tree, rock or other natural feature. (UDC 1994, art. X, § 17) Cross references: Vegetation, ch. 98. Sec. 70-18. Prohibited advertising devices. The following types of signs and advertising devices are not permitted within the corporate limits of the town: (1) Advertising searchlights. (2) All off-premises commercial signs and billboards. (3) Any signs on a single or double pole structure that extend into the air more than eight feet as measured from the top of the structure to the grade under the sign. (4) Sky signs. (5) Street banners or festoons. (6) Off-premises banners. (7) Sandwich or "A-frame" signs. (8) Sidewalk or curb signs. (9) Tethered pilotless balloons or other gas-filled advertising devices. (10) Signs placed on vehicles and used as stationary advertising devices. (11) Mobile advertising. (12) Changeable copy sign. (UDC 1994, art. X, § 18) Sec. 70-19. Functions of the board of aldermen Town Council. The board of aldermen Town Council will conduct a formal review of all applications for signs and display cases, grant or deny such applications, and authorize the issueance of sign permits. In reviewing the applications, the board council will uphold the provisions of this chapter and will ensure that the signs will be compatible with the property and use thereof, and will not create hazards, confusion, poor aesthetics, loss of business, clutter and garishness, adversely affect the stability and value of property, or produce degeneration of property with attendant deterioration of conditions affecting the peace, health and welfare of the town. (UDC 1994, art. X, § 19) TOWN OF WESTLAKE ORDINANCE NO. 10-XX AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS (“TOWN”), AMENDING CHAPTER 70 SIGNS, OF THE WESTLAKE CODE OF ORDINANCES, REGULATING THE ERECTION, STRUCTURAL ALTERATION AND MAINTENANCE OF ALL TYPE OF SIGNS WITHIN THE TOWN; PROVIDING A SAVINGS CLAUSE;; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas, is a General Law Municipality located in Tarrant and Denton Counties, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, on February 9, 1989, the Town Council of the Town of Westlake adopted Ordinance Number 159 enacting permit procedures and regulations regarding the erection, structural alteration and maintenance of all signs within the Town limits of Westlake; and WHEREAS, the Town Council finds that the regulation of signs within the Town is necessary in order to protect the health safety and welfare of the citizens and visitors of the Town of Westlake; and WHEREAS, the Town Council deems it advisable to amend the current regulations to more accurately address changing development practices and governmental administrative structure; and WHEREAS, the Town Council finds and declares that the regulations contained herein are in the best interest of the public health, safety and general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION1: THAT, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION2: THAT, Chapter 70 of the Town of Westlake Code of Ordinances is hereby amended to read as follows: Chapter 70 SIGNS* __________ *Cross references: Buildings and building regulations, ch. 18; construction and sign application, § 18-61 et seq.; engineering standards, ch. 36; planning, ch. 62; streets, sidewalks and other public places, ch. 78; zoning, ch. 102. State law references: Regulation of signs by municipalities, V.T.C.A., Local Government Code ch. 216; outdoor advertising, V.T.C.A., Transportation Code § 391.031 et seq. __________ Sec. 70-1. Purpose. Sec. 70-2. Objective. Sec. 70-3. General provisions. Sec. 70-4. Interpretation. Sec. 70-5. Projection over public property or public right-of-way. Sec. 70-6. Health, safety, welfare. Sec. 70-7. Alarm device signs. Sec. 70-8. Construction signs. Sec. 70-9. Temporary signs. Sec. 70-10. Removal of signs, display cases. Sec. 70-11. Time limitation of approved applications. Sec. 70-12. Signs and display cases within commercial districts. Sec. 70-13. Residential districts. Sec. 70-14. Construction. Sec. 70-15. Placement on another's property. Sec. 70-16. Placement on vehicles. Sec. 70-17. Placement of outdoor advertising on trees, rocks, other natural features. Sec. 70-18. Prohibited advertising devices. Sec. 70-19. Functions of the Town Council. Sec. 70-1. Purpose. The town recognizes the need for signs. It is intended that this chapter regulate the location, size, construction, erection, duration, use and maintenance of all signs within the jurisdiction of the town. (UDC 1994, art. X, § 1) Sec. 70-2. Objective. The town adopted the ordinance from which this chapter is derived, Ordinance No. 159, originally on February 9, 1989, to specifically protect the health, safety and welfare of its citizens, to promote property values, to reduce visual pollution, to promote community environmental setting and appearance, and to support the objectives of the individual zoning districts by providing for a comprehensive regulation of outdoor advertising, specifically to include the erection, structural alteration and maintenance of all types of billboards, signs, bills, posters and other outdoor advertising material within the corporate limits of the town. (UDC 1994, art. X, § 2) Sec. 70-3. General provisions. It shall be unlawful for any landowner, tenant, contractor or other person having responsibility or control of any premises, to suffer, permit or allow placement, erection or maintenance of any sign or display case of any type within this town other than publicly-maintained street or directional signs, except as specifically provided for in this chapter. (UDC 1994, art. X, § 3) Sec. 70-4. Interpretation. Nothing in this chapter shall be construed to give the right to any person to erect or maintain any outdoor advertising in any zone or district of the town wherein the particular form of outdoor advertising is prohibited by deed restrictions, zoning or other ordinances, state or federal law or regulations. (UDC 1994, art. X, § 4) Sec. 70-5. Projection over public property or public right-of-way. No sign shall extend over public property or public right-of-way. (UDC 1994, art. X, § 5) Cross references: Streets, sidewalks and other public places, ch. 78. Sec. 70-6. Health, safety, welfare. Whenever unusual circumstances arising out of unique conditions surrounding a building site or caused by its occupancy give rise to problems of health, safety and welfare that could be substantially alleviated by the use of a sign, such sign as may be necessary for the purpose involved, may be temporarily erected upon approval of the Town Manager or a designated representative. Such approval may be temporarily given at the time an application is made to the town if formal approval of the sign is required, based on the zoning district or specific site plan standards, by the Town Council. Such temporary approval shall be granted only for the time period necessary for the routine approval or disapproval of the sign by the Town Council. Such signs shall be restricted to the minimum area necessary to accomplish the purpose for such signs. (UDC 1994, art. X, § 6) Sec. 70-7. Alarm device signs. It is essential that when alarm devices are installed on residential buildings that identification be given as to the company, person, representative or agency to be contacted in case of its activation. Only one such sign shall be allowed per street face for each system installed and the sign area shall be limited to 140 square inches, except additional signs may be permitted by the Town Council upon application, only when such signs are found by the board to be necessary for the safety and welfare of the occupants or property involved. (UDC 1994, art. X, § 7) Sec. 70-8. Construction signs. Whenever a building permit has been issued for the construction, alteration or repair of a structure, and work is in progress on the site pursuant to such permit, contractors or architects engaged in such work during the time such work is going on, may display on the site their sign, which may be either made of materials permitted for permanent or temporary signs as prescribed in this chapter, provided, however, that the following area requirements are complied with: (1) No such individual sign displayed on the building site shall be of an area larger than 20 square feet. (2) No individual contractor or architect shall display more than one sign on any building site at any given time. (3) The total area of construction signs displayed at any one time on the building site, considered together, shall not exceed 30 square feet. Exceptions: Signs identifying the property or project, signs used for directional or access control, and signs used for posting of notices required by other ordinances, laws or regulations, may be approved by the town manager or a designated representative. (UDC 1994, art. X, § 8) Sec. 70-9. Temporary real estate signs. (a) Generally. Temporary real estate signs are such signs as may be needed from time to time to indicate that the premises are for sale or for rent. (b) Number and size. Such signs shall be limited to one such sign for each property frontage involved and no single sign shall exceed 20 square feet in area or contain lettering exceeding 12 inches in height. Exception: Signs located on property fronting a State Highway or FM 1938 may not exceed 40 square feet. (c) Contents. Such signs shall contain only the following information: (1) That the property is for sale, lease or exchange by the owner or his/her agent. (2) The owner's or agent's name. (3) The owner's or agent's address and telephone number. (4) When appropriate to the occasion, the words "open house" or "inquire within." (5) The town name provided the majority of the property is located within the Town of Westlake. (6) A graphic or pictorial representation of the proposed development or structures. (7) The name of the project or development, subject to approval by the Town Manager or a designated representative. The objective being not to permit signage that could be confusing or misleading and not to advertise development outside the Town of Westlake. (d) Conditions. Such signs shall not be located on or over public property and may only be displayed on the property that is for sale, exchange or lease. Temporary signs may be made of the same material permitted for permanent signs, and in addition, may be made of less durable materials and woods such as pasteboard; but in no event shall be self-illuminated, luminescent, fluorescent, or have any characteristic which will make them glow or shine. Such signs shall be removed upon agreement of sale, exchange or lease. (UDC 1994, art. X, § 9) Sec. 70-10. Removal of signs, display cases. (a) Generally. Signs or display cases which have been abandoned due to a closing of a business, a change in business name or for any other reason rendering the sign or display case not applicable to the property involved, shall be removed by the permit holder or the owner of the building or premises within ten working days from the date of the action that caused the sign or display case to be considered abandoned. A condition of approval for all signs or display cases shall be that the permit holder or owner of the building of premises, at his/her own expense, remove all signs or display cases. An abandoned sign or display case may be removed by the town after the ten-working-day period, and the permit holder or owner may be charged for the cost of removal. New signs for a building or property on which an abandoned sign is located shall not be approved until the abandoned sign is removed. Approval may be given on the condition that the abandoned sign is removed before a new sign is erected. (b) Hearing. The Town Council shall hold a hearing to determine when a sign or display case is abandoned. Ten days' written notice of the hearing shall be sent by certified mail to the permit holder at his/her last known address, and to any other address at which there is reason to believe he/she might receive mail, and to the owner at his/her address. The notice shall state: (1) A general description of the sign or display case. (2) That upon a finding of abandonment, the sign or display case shall be held by the town for 15 working days and then disposed of by sale if determined to be of a value of $100.00 or more, or disposed of in any manner if worth less than $100.00. (3) Where the sign or display case may be reclaimed. (4) That the reasonable costs of removal may be assessed at the hearing along with an administrative charge. (5) That the hearing and assessments can be avoided by the removal of the sign or display case within 72 hours after the date of the notice. (c) Cost assessment. The Town Council shall determine the reasonable cost to the town of removing the sign or display case and if an administrative charge should be assessed. Administrative costs shall be $100.00 unless otherwise determined by resolution of the board. Proceeds shall be first applied to pay assessed costs, administrative costs, and other costs reasonably incurred. (UDC 1994, art. X, § 10) Sec. 70-11. Time limitation of approved applications. Approved applications for signs or display cases shall be considered null and void when any of the conditions below are found to exist: (1) That such sign or display case was not built or placed in accordance with the approval granted. (2) That the sign or display case was not placed on the site within 90 days of approval and no extension of time has been granted by the town manager or a designated representative. (3) That the business license has lapsed or become inactive, or the sign is considered abandoned as described in section 70-10. (UDC 1994, art. X, § 11) Sec. 70-12. Signs and display cases within commercial districts. (a) Generally. All signs or display cases in the commercial districts require a sign permit. The town manager or a designated representative may, subject to the standards set forth in this chapter, approve an application for a sign or display case. All permits shall be for a specific location and the moving of such signs or display cases shall require a new permit. The regulations in this section shall apply within the commercial districts. (b) Prohibited signs and display cases. No sign or display case shall be permitted that: (1) Does not pertain to a commercial use on the site. (2) Is incompatible in design with the building and space allotted. (3) Is flashing, illuminated, phosphorescent, moving or primarily glossy. (4) Contains lettering exceeding 12 inches in height. (5) Projects or extends above the eave or parapet line, if attached to any structure. (6) Is for a business which does not have a certificate of occupancy on file with the town. (7) Exceeds 24 square feet in area. (8) Could create confusion to the public or to police and fire response calls in emergencies, or tends to degrade the character of the town, affect the peace, health and welfare of the community or result in a degradation of property values and/or an increase in the cost of municipal services. (c) Maximum allowable sign area. The maximum aggregate area of all signs shall not exceed the following for buildings within the commercial district: (1) A building with 40 feet or less frontage on a public way shall not exceed 16 square feet of exterior signs and ten square feet of interior signs. (2) A building with frontage greater than 40 feet on a public way shall not exceed four square feet of signs for each ten feet of frontage or major fraction thereof, up to a maximum of 24 square feet for exterior and 20 square feet for interior signs. (3) A building with frontage on more than one public way shall not exceed four square feet of signs for each ten feet of frontage on any building face for both interior and exterior signs, up to a maximum of 20 square feet unless the building elects not to place signs on one of the faces in which event the provisions of subsection (c)(2) of this section will apply. (4) A building designed in such a way as to have business locations within the interior of the structure served by an interior mail or by other means of ingress and egress by the public shall be limited to one sign at each entry identifying the building or mail name and a directory which may contain the names of all businesses within the building. Individual businesses within the building shall be limited to one projecting sign not to exceed three square feet in area or one flat sign not to exceed six square feet in area when approved by the Town Council. Interior business locations shall not be entitled to individual signs on the exterior of the building adjacent to the public way or individual signs within the mall or walkway area of the building other than as permitted in this subsection. (5) The Town Council may make special exemptions to the allowable areas in this subsection where hardship is incurred or where unusual design of a building requires special consideration. (d) Signs exempt from formal review. (1) Interior signs of 160 square inches or less when the aggregate area does not exceed that allowable for interior signs. (2) Temporary signs as provided for in this chapter. (3) Political signs so long as they do not exceed the maximum square footage provisions of this section. Thirty days after the election, which includes any run off election, all political signs pertaining to such election shall be removed or be subject to removal by the town. Candidates shall be responsible for removal of their political signs. If the town removes the signs, it may assess the candidate the actual costs of removal. (4) Signs advertising civic events sponsored by the town, Westlake Academy or other local civic clubs provided that no sign shall be allowed to remain posted longer than seven days before the event and be removed within 24 hours of the conclusion of the event. Location of these temporary signs must be approved in advance by the town manager or his designee. (e) Sign area. In calculating the area of signs, the following shall apply: (1) All faces of a multifaced sign shall be included except for double-faced signs in which case only one face shall be included. (2) For irregular shaped signs, the area shall be that of the smallest rectangle that will wholly contain the sign. (3) That with the exception of signs which are allowed to be painted directly on a wall the area of a sign shall include the board or other material of which the sign is a part, including framing, visual or otherwise, but exclusive of the brackets from which the sign is hung. (f) Standards for display cases. (1) All display cases shall be in size and scale with their surroundings and shall be designed in keeping with the existing architecture. (2) Display cases shall not exceed ten square feet in area or ten cubic feet in total volume. (3) Display cases shall contain but one sign no larger than necessary to identify the owner of the case and direct the public to the store where the merchandise displayed is sold. The sign shall not exceed 24 square inches. (4) Display cases shall be located on the same property as the business premises to which the display case applies. (5) All display cases shall be maintained in accordance with the approval granted for their placement. (6) Merchandise displayed in the case shall be typical of products for sale in the business premise and the case shall not be used to display wares of another business located elsewhere or of merchandise not available in the store to which the display case has been permitted. (g) Special exceptions. The Town Council may consider resolutions which grant special exceptions to this subsection where hardship is incurred or where unusual circumstances warrant special consideration. (UDC 1994, art. X, § 12; Ord. No. 501, § 2, 5-8-2006; Ord. No. 505, § 2, 6-26-2006; Ord. No. 506, § 2, 6-26-2006) Sec. 70-13. Residential districts. (a) Generally. The regulations in this section shall apply to all signs in the residential districts. (b) Prohibited signs. The following signs are prohibited in residential districts: (1) Self-illuminated, luminescent, fluorescent signs or signs having any characteristic which makes them glow or shine. (2) . (3) Signs other than temporary signs described elsewhere in this chapter, which are made of cardboard or less permanent material. (4) Permanent signs exceeding an aggregate area of four square feet when not otherwise authorized through a use permit. (5) Temporary signs which: a. Exceed four square feet in area. b. Have letters exceeding four inches in height. c. Total more than two such signs on a single-family building site. d. Construction signs exceeding that allowable under this chapter. e. Any sign not expressly allowed in this chapter. (c) Allowable signs. The following signs are allowable in residential districts: (1) House name signs and occupants' name plates. (2) House name signs and occupants' name plates. Meaning those signs which, by their nature and wording, identify either the house or its occupant, or both. Such signs may include pictorial and decorative designs as well as words, and may be in any shape or form, but shall not exceed four square feet in area. The name of a ranch or farm when incorporated into an entranceway or gate to the property is exempt from these provisions if such has been approved by the Town Council. The names or designs denoting ranches in existence on May 9, 1994, are exempt from the provisions of this chapter. (d) Home occupation signs. Home occupation signs are those signs designating a permitted home occupation in the residential district being carried on at the site, and are only permissible in the R-5 Country Residential District. The legend designating the home occupation may be merged with house names or occupant's type sign, thus constituting one sign; or may, at the occupant's option, be stated on a separate sign; providing, however, that such separate sign shall not exceed an area of two square feet. (e) Temporary signs. Temporary signs shall be as provided for in this chapter. In addition, one garage sale, rummage sale or estate sale sign not exceeding three square feet or having letters exceeding three inches in height may be displayed on the site during the hours of the sale. (f) Political signs. Political signs may be placed on the property provided they do not exceed four square feet in area provided that: (1) No political sign may be placed in the public roadway or easement adjacent to such roadway or placed in any location which would cause a traffic hazard by obscuring or in any manner blocking the vision of any driver of a vehicle using the public street or entering any such street. (2) Thirty days after the election, which includes any run-off election, all political signs pertaining to such election shall be removed or be subject to removal by the town pursuant to the provisions of this chapter. (g) Signs designated "No Handbills Allowed" or "No Soliciting Allowed" not exceeding two inches by 12 inches (UDC 1994, art. X, § 13) Sec. 70-14. Construction. (a) Generally. (1) All signs shall be constructed and supported to withstand a horizontal pressure of 30 pounds for every square foot of exposed surface. All structural members, hangers, braces, tie rods, cables, anchors and fastenings shall be of sufficient strength to withstand the stresses that may be brought upon them with a factor of safety of six. (2) Signs weighing 20 pounds or less attached to the wall of a building may have the cable or wire hanger anchored with an expansion shield and bolt; provided, that the wall is sound and the projection of the sign is not excessive in relation to the size of the wall and pitch of the hanger. Wall anchors for guy cable or wires for such signs shall be expansion shields and bolts or through bolts fastened on the opposite side of the wall. No staples or nails shall be used for anchoring any guy wire or cable. (3) Where signs and sign frames are supported or suspended with chains or wire, chains or wire of not less than No. 8 B & B standard gauge shall be used. Chain supports shall have welded links of not less than 3/16 of an inch in diameter. No cable shall be tied or loosely twisted around any anchor or any other support, but shall be properly sized around the anchor or joined into a loop and the loose end fastened to the standing part of the cable with approved clips or clamps. Where signs are bolted to supports, the bolts shall be supplied with lock nuts. All cable and wire used in hanging signs shall be galvanized. All other supports and exposed structural parts shall be maintained in a safe condition at all times and kept in good condition and repair. (b) Signs erected upon or anchored to fire wall or coping. No sign shall be erected upon the fire wall or coping of any building unless such wall is especially designed to carry the additional load. No sign shall be anchored to such wall, but shall be attached to and supported by other structural parts of the building. (c) Glazing: strength of glass. The glazing of signs shall be done in a substantial manner. Glass shall be well bedded in putty and secured in substantial frames of copper or zinc tracery. Glass may be plate or double strength. In no case shall glass less than one-eighth of an inch in thickness be used. No single light of plate glass shall exceed 200 square inches in area. No light of double strength glass shall exceed 600 square inches in area. (d) Obstruction of lighting and utilities. No outside advertising shall be so placed as to appreciably obstruct the lighting of any street, alley or public property, or interfere with any public utility service or traffic control device. (e) Obstruction of fire escapes. No sign of any kind shall be placed in any position in such a manner as to obstruct any fire escape, door, window or other passageway leading to a fire escape or to a street exit, nor shall a sign be fastened in any manner to a fire escape. (UDC 1994, art. X, § 14) Sec. 70-15. Placement on another's property. It shall be unlawful for any person to post, paint or otherwise exhibit any billboard, advertisement, poster, bill or other notice or sign, on any property not owned or controlled by him, without the permission of the person owning or controlling such property. (UDC 1994, art. X, § 15) Sec. 70-16. Placement on vehicles. It shall be unlawful for any person to place or cause to be placed anywhere in the town, any poster, placard, handbill, or advertising material on any vehicle, or in any location, in such a manner that the poster, placard, handbill, or advertising material may reasonably be expected to be blown about by the wind. It shall be presumed that the person's name that appears on such poster, placard, handbill, or advertising material has knowledge of the location and manner that such item was placed. It shall be further presumed that if a large number of such items are found scattered about and being blown about by the wind that the items were placed in such a manner that they might reasonably be expected to be blown about by the wind. (UDC 1994, art. X, § 16) Cross references: Traffic and vehicles, ch. 90. Sec. 70-17. Placement of outdoor advertising on trees, rocks, other natural features. It shall be unlawful for any person to erect, maintain or paint any sign, billboard or other outdoor advertising upon a tree, rock or other natural feature. (UDC 1994, art. X, § 17) Cross references: Vegetation, ch. 98. Sec. 70-18. Prohibited advertising devices. The following types of signs and advertising devices are not permitted within the corporate limits of the town: (1) Advertising searchlights. (2) All off-premises commercial signs and billboards. (3) Any signs on a single or double pole structure that extend into the air more than eight feet as measured from the top of the structure to the grade under the sign. (4) Sky signs. (5) Street banners or festoons. (6) Off-premises banners. (7) Sandwich or "A-frame" signs. (8) Sidewalk or curb signs. (9) Tethered pilotless balloons or other gas-filled advertising devices. (10) Signs placed on vehicles and used as stationary advertising devices. (11) Mobile advertising. (12) Changeable copy sign. (UDC 1994, art. X, § 18) Sec. 70-19. Functions of the Town Council. The Town Council will conduct a formal review of all applications for signs and display cases, grant or deny such applications, and authorize the issuance of sign permits. In reviewing the applications, the council will uphold the provisions of this chapter and will ensure that the signs will be compatible with the property and use thereof, and will not create hazards, confusion, poor aesthetics, loss of business, clutter and garishness, adversely affect the stability and value of property, or produce degeneration of property with attendant deterioration of conditions affecting the peace, health and welfare of the town. (UDC 1994, art. X, § 19) 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: Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: The Town Secretary of the Town of Westlake is, upon adoption by the Westlake Town Council, is hereby directed to publish the proposed ordinance by caption and, if this Ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the Town Secretary shall additionally publish this ordinance or its caption and penalty in the official Town newspaper one time within ten days after final passage of this Ordinance. SECTION 7: This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 22nd DAY OF FEBRUARY 2010. _________________________________ Laura Wheat, Mayor ATTEST: ___________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: __________________________________ Stan Lowry, Town Attorney 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. Mayor Wheat Invite Russell Laughlin to speak regarding transportation and growth in the area. Mayor Wheat DFW Connector Project presentation. Town of Westlake Item #6 - Future Agenda Items COUNCIL CALENDAR - Westlake Academy Gallery Night event February 26, 2010 6:00 – 10:30 pm - Town Council Meeting February 22, 2010 - Town Council Meeting March 22, 2010 - Town Council Meeting April 26, 2010 - Bandana Bonanza May 1, 2010 - Election Day May 8, 2010 - Westlake Academy Graduation May 23, 2010 o Decoration Day May 31, 2010 Town of Westlake Item # 7 – Council Calendar Town of Westlake Item # – Adjournment Back up material has not been provided for this item. Town of Westlake Item # 8 – Adjournment Back up material has not been provided for this item.