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HomeMy WebLinkAbout02-27-12 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the posted start time. Mission Statement 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 vibrant culture and metropolitan location. Westlake, Texas – A Premier Knowledge Based Community Page 1 of 4 TOWN OF WESTLAKE, TEXAS Vision Points Sense of Place; Leadership; Caring Community; Exemplary Governance; and Service Excellence TOWN COUNCIL MEETING AGENDA February 27, 2012 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session: 5 :00 p.m. Regular Session 6:30 p.m. Page 2 of 4 Workshop Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM FEBRUARY 27 , 2012, REGULAR MEETING . (30 min) 4. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Board Member requests that report be removed and considered separately. a. Headway traffic report- Dove Road Traffic Studies. b. Keller Police Department’s 2011 State Required Racial Profiling Report. 5. DISCUSSION ITEMS a. Overview of the Municipal Audit for Year Ending September 30, 2011. (15 Min) b. Update and Discussion on the Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel. (10 Min) c. Discussion of Proposed Performance Indicators for the Strategy Map from the Strategic Issues-focused Governance System (SIGS) - approved at the December 12, 2011 Town Council Meeting. (45 min) 6. COUNCIL RECAP / STAFF DIRECTION 7. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Page 3 of 4 3. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting held on January 23, 2012. b. Consider approval of Resolution 12-04, Authorizing the Town Manager to purchase a Fire Attack Truck. c. Consider approval of Resolution 12-05, Accepting the annual Comprehensive Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the Fiscal Year ending September 30, 2011. d. Consider approval of Resolution 12-06, Appointing a member to the Historical Preservation Society. e. Consider approval of Ordinance 675, Amending Chapter 1 “General Provisions”, Section 1-2, Amending the definition of Masonry Construction. f. Consider approval of Ordinance 676, Appointing a Municipal Court Judge. g. Consider approval of Resolution 12-07, Authorizing the Town Manger to enter into a contract with Peachtree Construction for an amount of $486,641.26 for street and drainage improvements in Stagecoach Hills. h. Consider approval of Resolution 12-08, Approving an Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel and a Budget Amendment to Fund Said Agreement. i. Consider approval of Resolution 12-09, Suspending Atmos Energy Corporation’s Mid-Tex Division Requested Rate Change to Permit the Town Time to Study the Request and to Establish Reasonable Rates. j. Consider approval of Resolution 12-10, Amending the WA Civic Campus Facility Use Guidelines and policies. 4. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 677, AMENDING SECTIONS 102-65 AND 102-314 OF CODE OF ORDINANCES REGARDING THE REGULATIONS APPLICABLE TO THE GU OR GOVERNMENT USE ZONING DISTRICT. 5. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. Page 4 of 4 6. COUNCIL CALENDAR - Gallery Night March 3, 2012, Marriott Solana at 6:00 p.m. - Board of Trustee Meeting March 5, 2012 - WA Spring Break March 12 – 16, 2012 - Town Council Meeting March 26, 2012 - Westlake Arbor Day April 7, 2012 - MasterWorks Solana Concert Series – Free Outdoor Concert by Zach King April 12, 2012, Village Courtyard, 6:00 – 7:00 p.m. - Alliance Development Forum, Marriott Championship Circle April 13, 2012, 11:00 – 1:00 p.m. - MasterWorks Solana Concert Series – Free Outdoor Concert by John Adams April 19, 2012, Village Courtyard, 6:00 – 7:00 p.m. - Junior High Sport Banquet, WA Dining Hall April 20, 2012, 6:00 – 8:00 p.m. - WHPS - Living History Event, ‘History of the Texas Flag’ WA Performance Hall, 7:00 – 8:30 p.m. April 24, 2012 - Bandana Bonanza, Westlake Academy Campus May 5, 2012 7. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, February 22, 2012, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Town of Westlake Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting held on January 23, 2012. b. Consider approval of Resolution 12-04, Authorizing the Town Manager to purchase a Fire Attack Truck. c. Consider approval of Resolution 12-05, Accepting the annual Comprehensive Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the Fiscal Year ending September 30, 2011. d. Consider approval of Resolution 12-06, Appointing a member to the Historical Preservation Society. e. Consider approval of Ordinance 675, Amending Chapter 1 “General Provisions”, Section 1-2, Amending the definition of Masonry Construction. f. Consider approval of Ordinance 676, Appointing a Municipal Court Judge. g. Consider approval of Resolution 12-07, Authorizing the Town Manger to enter into a contract with Peachtree Construction for an amount of $486,641.26 for street and drainage improvements in Stagecoach Hills. h. Consider approval of Resolution 12-08, Approving an Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel and a Budget Amendment to Fund Said Agreement. i. Consider approval of Resolution 12-09, Suspending Atmos Energy Corporation’s Mid-Tex Division Requested Rate Change to Permit the Town Time to Study the Request and to Establish Reasonable Rates. j. Consider approval of Resolution 12-10, Amending the WA Civic Campus Facility Use Guidelines and policies. Town of Westlake Item # 3 – Review of Consent Agenda Items REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Board Member requests that report be removed and considered separately. a. Headway traffic report- Dove Road Traffic Studies. b. Keller Police Department’s 2011 State Required Racial Profiling Report. Town of Westlake Item # 4 – Reports Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Public Works Department Meeting Date: February 27, 2012 Staff Contact: Jarrod Greenwood Report Public Works Director Subject: Dove Road Traffic Studies EXECUTIVE SUMMARY During a regular Town Council workshop, staff was directed to compare the amount of “headway” for Dove Road vehicular traffic. TxDOT defines headway as: The time interval between passage of consecutive vehicles moving in the same stream, measured between corresponding points on the vehicles. Measured in seconds. A decrease in headway (time) represents more traffic congestion as the time between vehicles is reduced. Staff compiled information from three vehicle traffic studies conducted on September 2008, April 2011, and October 2011 conducted with HI-STAR Traffic counters done in the Westbound and Eastbound lane s at 2600 Blk Dove Road. The attached charts illustrate the correlation between the daily average number of vehicles, the peak number of vehicles, and the amount of headway. It appears that there has been a reduction in the peak number of vehicles while the average number has increased. Headway time indicates an increase in traffic congestion from the September 2008 study to the April 2011 study, with a slight improvement in the October 2011 study. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence Page 2 of 2 FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS No action required ATTACHMENTS Dove Road Traffic Headway Charts 447 180 164 0 2 4 6 8 10 100 600 1100 1600 2100 2600 Sep 08 Apr 11 Oct 11 N u m b e r o f v e h i c l e s AADT Peak Headway Historical Traffic Pattern on WB Dove Road Se c o n d s o f H e a d w a y 562 256 214 0 2 4 6 8 100 600 1100 1600 2100 2600 3100 Sep 08 Apr 11 Oct 11 N u m b e r o f v e h i c l e s AADT Peak Headway Historical Traffic Pattern on EB Dove Road Se c o n d s o f H e a d w a y Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Public Safety Meeting Date: February 27, 2012 Staff Contact: Tom Brymer, Town Manager Reports Subject: Keller Police Department’s 2011 State Required Racial Profiling Report EXECUTIVE SUMMARY The Town currently has a five (5) year contract with the City of Keller to provide police services for our municipality service. Under this contract, police services include police patrol, criminal investigation, crime prevention education as well as drug and alcoho l prevention education (as requested), animal control, dispatch, and jail services. The attached report outlines Keller Police Department’s (KPD) service activity level in Westlake for all traffic stops by officers where citations were issued during calendar 2011. Additionally, State law requires police agencies to prepare and provide a report regarding racial profiling which must also be submitted to a city’s governing body. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS No action required, report presented for Town Council information and review as required by law. ATTACHMENTS 1. 2011 KPD Westlake Report and Cover Letter Dated 2-1-12 from Police Chief Mark Hafner. DISCUSSION ITEMS a. Overview of the Municipal Audit for Year Ending September 30, 2011. (15 Min) b. Update and Discussion on the Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel. (10 Min) c. Discussion of Proposed Performance Indicators for the Strategy Map from the Strategic Issues-focused Governance System (SIGS) - approved at the December 12, 2011 Town Council Meeting. (45 min) Town of Westlake Item # 5 – Discussion Items Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Finance Meeting Date: February 27, 2012 Staff Contact: Debbie Piper Discussion Finance Director Subject: Acceptance of the annual Comprehensive Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the fiscal year ended September 30, 2011. EXECUTIVE SUMMARY The Town’s Fiscal and Budgetary Policies along with State law require that the Town be audited annually by outside independent accountants. The result of this independent audit is the receipt of an unqualified opinion or “clean” opinion again this year. This means the auditors have found that these financial statements present fairly, in all material respects, the financial position of the Town of Westlake at September 30, 2011. We are also pleased that there were no “Management Letter” comments for the current year. As implemented in previous years, we have included the Texas Student Housing (TSH) audited information in our report. Because the Town Council may appoint and/or remove a director of the Texas Student Housing Board, it was determined that TSH should be considered a component unit of the Town. This information has been included in the financials and in the footnotes. It was also noted that the debt of TSH is not a liability of the Town. The inclusion of this information in the Town’s audit will not affect any future bond ratings nor have a negative impact on the Town’s overall debt ratio for the purpose of securing additional financing in the future. Along with the annual budget, the Comprehensive Annual Financial Report (CAFR) is one of the most important financial activities of the Town. This report represents and reflects upon the Town’s financial operations and condition t o the Town’s residents, elected officials, management personnel, financial institutions, rating agencies, and all other parties interested in the financial affairs of the Town. Additionally, the Town began participating in the Government Finance Officer Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting program for the fiscal year 2007. This award is highly regarded as the “Good Housekeeping Seal of Approval” for governmental financial reporting. Therefore, we are pleased to announce that the Town has recently received this award for our fourth submission. This award is presented based on the required contents of the CAFR document, and ensures that certain required financial disclosures are presented in the document. All governmental entities Page 2 of 2 that participate in the program must include these disclosures in their CAFR. We believe the September 30, 2011 CAFR is in compliance with these disclosure requirements, and the Town will be awarded our 4th consecutive certificate. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION/ACTION REQUESTED Acceptance of the annual CAFR ATTACHMENTS Resolution *”Draft” Comprehensive Annual Financial Report for the FY ended September 30, 2011. (attached to final copy of the resolution) DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Town Manager Meeting Date: February 27, 2012 Staff Contact: Tom Brymer Discussion Town Manager Subject: Update and Discussion on the Economic Development Agreement Between the Town of Westlake and the Marriott Solana Hotel. EXECUTIVE SUMMARY A more detailed description of this economic development agreement is available on the agenda memo for the consent portion of the Regular Meeting. This agreement has two components. This would be the third year that the Town has had entered into this type of agreement with the Marriott Solana hotel (prior to the last three years, the Town funded only a portion of the Hotel’s shuttle bus cost). A summary of the components of this $110,000 (total) economic development agreement is as follows: • Shuttle Bus Transportation Cost Participation. An amount of $70,000 is proposed for the Town’s participation in a portion of the operating cost of Marriott providing shuttle bus service to its guests. This would be a $10,000 increase from the 10-11 agreement due to operating cost increases. • Group Business Incentive Program. An amount of $40,000 is proposed for this new program. This program was modeled after a similar successful program in the Town of Addison, Texas. This program allows the Marriott Solana to discount their room rates and/or services in order to generate new group business and/or, under certain circumstances, maintain existing group business. Unlike the previous two agreements with the Marriott Sola na, this one would create a two-tiered approach to the group booking incentive with the following program minimums and incentives:: o Proposed group business shall book a minimum of $30,000 in room revenue per program to be considered eligible for $5,000 in group incentive funds. (FY 11-12 Budget of $30,000). o Proposed group business shall book a minimum of $15,000 in room revenue per program to be considered eligible for $2,500 in group incentive funds. (FY 11-12 Budget of $10,000). For groups receiving the benefit of this group incentive under this program, the Town of Westlake shall receive sponsor recognition in all correspondence and at the group meeting/convention in an appropriate manner. Page 2 of 2 The Town receives 7% of the 13% hotel/motel occupancy tax allowed by State law. The FY 11- 12 Budget contains an estimate that the Town will receive $535,000 in the current fiscal year in the Visitors Association Fund. This represents 5.8% percent of total Town municipal revenues and is derived from the Town’s only hotel, the Marriott Solana. For that reason, it is important for the Town to take a strategic approach in maintaining and possibly growing this funding stream. Information from the Town’s approved FY 11-12 Visitors Association Fund budget is attached to this agenda memo. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence • This agreement moves the Town toward its Strategic Plan Vision Point of Service Excellence. • In the Strategic Issues format of our Strategic Plan, this agreement with the Marriott Solana meshes with the Strategic Issue of Financial Stewardship and Organizational Effectiveness. • One of the Staff Actions under this Strategic issue is to maximize service provision seeking partnerships in a number of areas, including economic development. This agreement helps build such a partnership. • This agreement also fits within the Town’s Strategy Map under Financial Stewardship measured by the Strategic Outcome of Sustain Fiscal Health. FISCAL IMPACT Funded Not Funded N/A Funding in this economic development grant agreement totals $110,000 and is available in the Visitor’s Association (Hotel-Motel Occupancy Tax) Fund. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Hear report from the General Manager John Klukan of the Marriott Solana on this program to date, ask questions, and provide feedback to Staff as to the progress to date with the services funded by this economic development agreement. Staff supports both components of this economic development ATTACHMENTS 1. Chart showing Visitors Association Fund Hotel Occupancy Tax Revenue Trends. 2. Proposed Resolution and Economic Development Agreement between the Town of Westlake and the Marriott Solana (note: see consent portion of the Regular Meeting agenda for this document). Visitors Association Fund Hotel Occupancy Tax Revenue Trend 300,000 350,000 400,000 450,000 500,000 550,000 FY 03/04 actual FY 04/05 actual FY 05/06 actual FY 06/07 actual FY 07/08 actual FY 08/09 actual FY 09/10 actual FY 10/11 actual FY 11/12 budget 440,849 381,221 415,544 458,471 527,662 497,769 457,693 527,261 535,000 Page 1 of 3 TOWN OF WESTLAKE AGENDA ITEM Department: Town Manager’s Office Meeting Date: February 27, 2012 Staff Contact: Amanda DeGan Workshop Discussion Assistant to the Town Manager Municipal Court Director Subject: Discussion of Proposed Performance Indicators for the Strategy Map from the Strategic Issues-focused Governance System (SIGS) - approved at the December 12, 2011 Town Council Meeting EXECUTIVE SUMMARY At the November, 2011 Council workshop session, staff presented a revised strategic planning system that now contains a comprehensive Strategic Issues-focused Governance System (SIGS), with the following elements: • mission, vision, and value statements (revised) • strategic issues (previously contained in strategic planning document) • a balanced scorecard strategy map • a cycle of business chart • a synopsis of the Town’s program based budget providing holistic representation of our public services The governance system is designed to incorporate the traditionally known, albeit issues-focused strategic plan, vision/mission/community value statements, business cycle chart, overview of our service programs and the multi-level balanced scorecard concept into a comprehensive document to better serve our residents. The intent of the issues-focused concept in the strategic plan portion of the system is to identify major events or opportunities for the Town (SWOT analysis) and develop methods to capitalize on those items. The introduction of the balanced scorecard concept will assist the Council and the Staff to expand our focus from a one-dimensional financial viewpoint to include our customer service needs, staffing investments, and operational process review projects. The combination of all these components will enable the Town to focus on the skills and programs necessary for our modern day, customer-centric, governmental organization to be successful in the future. Based on feedback received from the Council survey at the planning retreat held on May 23, 2011, the council members indicated they would welcome the development of performance measures to complement the SIGS system. The staff has reviewed and developed indicators (measures) for each of the outcome based objectives found within the four perspectives o f the balanced scorecard. Page 2 of 3 However, in the development of the performance indicators, the leadership team met during several staff initiated workshop sessions and took the process one step further. During these discussions, it was determined that a need existed to develo p corresponding ‘desired outcomes’ to assist in defining the objectives found in the strategy map. The desired outcomes (a term borrowed from our previous strategic planning document) are meant to give the casual reader a greater understanding as to the Council’s goals and objectives (or definition) of what it means to either Promote Best Practice Policy Governance, or Provide Outstanding Service and Program Delivery, etc. When viewed in a holistic manner, the outcome based objective is defined through the use of the desired outcome and the performance indicators support or ‘indicate’ our achievement of the end result. For example, when the strategy map lists the outcome objective of “Promoting Community Health, Safety and Welfare” as a goal the desired outcome definition refers to the promotion of health and wellbeing which can be measured (one-way) through the indicators of how many residents are satisfied with our emergency/police services. Promote Community Health, Safety and Welfare Westlake is a safe place to live where health and wellbeing are promoted. Target a minimum rating of 90% of “satisfied or very satisfied” with the emergency and police services for our residents. The performance indicators (performance measures) were developed with attention to our current staff and data gathering capabilities as well as the relevance to the outcome based objective that we are supporting. While indicators can be comprised of many different types and vary in number, the most effective use of an indicator is: • one that is specific to your organization, • is measurable, • that you have the resources to collect the data, and • relates to your original objective. Customer Service Perspective Outcome Based Objectives Outcome Based Objectives Desired Outcome (Definition) Proposed Performance Indicator Page 3 of 3 The indicators developed for the strategy map will be a grouping of either targeted ratings according to our service delivery survey reports and external awards and recognitions for work products (for example: budget documents) or they may need development, such as staff member participation in the continuous improvement processes o r comprehensive technology plans. With the current draft, one performance indicator has been proposed for each outcome based objective; however, it should be noted that these can be adapted as we refine the system to greater reflect the unique situations that exist in service delivery within Westlake. The purpose of the current workshop discussion is to review the proposed performance indicators for the strategy map found in the Strategic Issues-focused Governance System (SIGS), as well as updates to the previously adopted strategy map’s outcome based objectives. APPLICABLE GOVERNANCE SYSTEM (SIGS) VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS Review the draft of the proposed performance indicators for the 2011 Strategic Issues-focused Governance System, and provide staff feedback and direction. If the Town Council is comfortable with the indicators, they will be brought forward at a future meeting for consideration of adoption. ATTACHMENTS 1. Current Strategic Issues-focused Governance System (SIGS) – 2011 2. Proposed Performance Indicators for the Strategy Map 3. Refined Strategy Map based on workshop discussions with Staff “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 vibrant culture and metropolitan location.” Promote Best Practice Policy Governance Provide Outstanding Service and Program Delivery Provide Excellent, Responsive Customer Service Promote Community Health, Safety & Welfare Enhance and Maintain a Sense of Community CUSTOMER FOCUS FINANCIAL STEWARDSHIP Prepare the Budget with Linkages to the Strategic Priorities Identify & Allocate Funding for Maintenance of Public Assets Maintain Excellence in Reporting and Financial Standards Sustain Fiscal Health Maintain Effective Internal Controls EMPLOYEE INVESTMENT AND SUPPORT Encourage Employee Professional Development & Organizational Growth Promote a Culture of Leadership, Teamwork & High Performance (HPO) Enhance Employee Work Performance, Engagement & Commitment to Service Excellence Attract & Retain a Highly Skilled Workforce and Cultivate Job Satisfaction OPERATIONAL PROCESSES Facilitate the Implementation of the Strategic Issues Focused Governance System (SIGS) Preserve Town Assets to Optimize their Life Expectancy Implement a Comprehensive Continuous Quality Improvement Process Encourage Staff Engagement with Stakeholders Optimize the Use of our Shared Services Model Develop an Integrated Information System Innovation Educational Leaders Family Friendly and Welcoming Engaged Citizens  Preservation of Our Natural Beauty  Strong Aesthetic Standards  Transparent Government  Fiscal Responsibility STRATEGIC ISSUES Capital Investment Fiscal Stewardship & Organizational Effectiveness Human Resources (Employee Investment) Comprehensive Planning and Management of Natural Resources Public Safety and Emergency Preparedness Strategic Issues- Focused Governance System (SIGS) 2012 Town of Westlake “Westlake, a premier knowledge based community” Example FINANCIAL STEWARDSHIP Prepare the Budget with Linkages to the Strategic Priorities Identify & Allocate Funding for Maintenance of Public Assets Maintain Excellence in Reporting and Financial Standards Sustain Fiscal Health Maintain Effective Internal Controls DESIRED OUTCOME The annual operating budget clearly reflects the Council’s strategic priorities. Funding sources and allocations are clearly identified and have been designated to maintain the Town’s assets. Town’s financial reports are superior, both in terms of format, transparency and developmental processes. The Town’s monetary control processes are both secure and effective. Town maintains a healthy undesignated fund balance and future revenues are sufficient to maintain levels. PERFORMANCE INDICATOR Town receives recognition from GFOA on an annual basis for the CAFR and budget documents. All reports will comport with Council’s direction regarding strategic funding. Annual inventory review identifies maintenance needs according to a five year rolling schedule and assign necessary funding sources. Receive an ‘unqualified audit opinion’ annually and implement internal control measures within 30 days Five year forecast estimates future undesignated fund balances at our minimum standard level and future operating expenditures do not exceed revenues. 2 “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 vibrant culture and metropolitan location.” Promote Best Practice Policy Governance Provide Outstanding Service and Program Delivery Provide Excellent, Responsive Customer Service Promote Community Health, Safety & Welfare Enhance and Maintain a Sense of Community CUSTOMER FOCUS Innovation Educational Leaders Family Friendly and Welcoming Engaged Citizens  Preservation of Our Natural Beauty  Strong Aesthetic Standards  Transparent Government  Fiscal Responsibility DESIRED OUTCOME The Council provides clear governance direction for the Town. Town staff provides efficient and effective services which exceed our customer expectations. The Town cultivates a sense of place and belonging for our residents. PERFORMANCE INDICATOR Elected officials adhere to established policies as indicated in annual staff and Council surveys. Target a minimum rating of 90% “met or exceeded expectations” on the quality of customer service to our residents. Target a minimum rating of 90% of “satisfied or very satisfied” with the emergency and police services for our residents. Town’s staff responds to customer concerns in a professional and timely manner. Westlake is a safe place to live where health and wellbeing are promoted. Target a minimum rating of 90% “satisfied or very satisfied” as to survey result on the overall delivery of Town services. Target a minimum rating of 90% of residents who recognize Westlake promoting a “Sense of Place” for our community. “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 vibrant culture and metropolitan location.” FINANCIAL STEWARDSHIP Prepare the Budget with Linkages to the Strategic Priorities Identify & Allocate Funding for Maintenance of Public Assets Maintain Excellence in Reporting and Financial Standards Sustain Fiscal Health Maintain Effective Internal Controls Innovation Educational Leaders Family Friendly and Welcoming Engaged Citizens  Preservation of Our Natural Beauty  Strong Aesthetic Standards  Transparent Government  Fiscal Responsibility DESIRED OUTCOME The annual operating budget clearly reflects the Council’s strategic priorities. Funding sources and allocations are clearly identified and have been designated to maintain the Town’s assets. Town’s financial reports are superior, both in terms of format, transparency and developmental processes. The Town’s monetary control processes are both secure and effective. PERFORMANCE INDICATOR Town receives recognition from GFOA on an annual basis for the CAFR and budget documents. Town maintains a healthy undesignated fund balance and future revenues are sufficient to maintain policy levels. Annual inventory review identifies maintenance needs according to a five year rolling schedule and assign necessary funding sources. The annual budget is prepared according to standard accounting practices and our Council adopted financial policies. Receive an ‘unqualified audit opinion’ annually and implement internal control measures within 30 days All reports and financial policies will comport with Council’s direction regarding the SIGS system and our defined program based budgeting. “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 vibrant culture and metropolitan location.” OPERATIONAL PROCESSES Facilitate the Implementation of the Strategic Issues-Focused Governance System (SIGS) Preserve Town Assets to Optimize their Life Expectancy Implement a Comprehensive Continuous Quality Improvement Process Encourage Staff Engagement with Stakeholders Optimize the use of our Shared Services Model Develop an Integrated Information System Innovation Educational Leaders Family Friendly and Welcoming Engaged Citizens  Preservation of Our Natural Beauty  Strong Aesthetic Standards  Transparent Government  Fiscal Responsibility DESIRED OUTCOME Town leadership utilizes strategic issues-focused decision making concepts to maximize our resource allocations. The Town’s assets are maintained to a high standard of quality to promote the Vision and Values of the community. Stakeholder relationships are strengthened within our community and with partnership organizations. Staff fully utilizes available technology for effective service delivery. PERFORMANCE INDICATOR All agenda items are clearly referenced and linked to the Strategic Issues- Focused Governance System (SIGS) All staff members actively participate in continuous improvement processes as demonstrated in their annual evaluations. Develop and institute a corporate / business partner outreach program. Westlake staff continually review procedures to enhance the quality and efficiency of our services. Our shared services model maintains its relevance and innovative advantage. Annually review the Town inventory and preventative maintenance for all capital assets. Ratio of FTE’s to daytime population; including Academy students and residents. Target a 90% overall approval rating as it relates to Communication & Citizen Engagement. “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 vibrant culture and metropolitan location.” EMPLOYEE INVESTMENT AND SUPPORT Encourage Employee Professional Development & Organizational Growth Promote a Culture of Leadership, Teamwork & High Performance (HPO) Enhance Employee Work Performance, Engagement & Commitment to Service Excellence Attract & Retain a Highly Skilled Workforce and Cultivate Job Satisfaction Innovation Educational Leaders Family Friendly and Welcoming Engaged Citizens  Preservation of Our Natural Beauty  Strong Aesthetic Standards  Transparent Government  Fiscal Responsibility DESIRED OUTCOME 18 The Town of Westlake’s staff is highly qualified and professional. Staff works as a team that fosters an HPO environment of collaboration, innovation, strategic thinking and respect. Town staff are committed to a continuous improvement process, are educated as to strategic priorities and are encouraged to participate in organizational development. Westlake employees have a sense of pride in their work and support the vision, mission and values of the Town. PERFORMANCE INDICATOR All employees will develop and report on the implementation of a professional development plan as a component of their annual performance review. All staff members comply with team meeting commitments and participation objectives/guidelines. All departments utilize a continuous improvement review process to streamline service delivery and involve staff in developing the solutions. The annual employee survey indicates that overall, staff are satisfied and engaged in their respective positions. In order to focus our efforts as it pertains to serving the residents and businesses as well as creating a dynamic strategic planning document, the Council and staff developed a Strategic Issues-Focused Governance System (SIGS). The system is designed to combine the strategic plan, Balanced Scorecard Strategy Map and program based budget document into a comprehensive tool to guide the Town Council and staff as well as create an achievable vision for Westlake. The plan is organized according to Strategic Issues, identified as affecting our community over the next 24 months. This type of issues-focused version of a traditional strategic plan is designed to allow the organization to scan our envi- ronment for opportunities or challenges as it relates to our community and develop action plans to achieve the best results for Westlake. The Strategy Map from the Balanced Scorecard component of the SIGS outlines the Town Council directives which are vital to our service provision levels for our community and identify measurable objectives to indicate our performance in these areas of achievement. The Program Based Budget is an effort to quantify the cost of services by program rather than the traditional line-item budget format. The financial costs are identified by each program, rather than by each department, along with an explanation of the core services and program objectives. The philosophy of the Town of Westlake’s team embraces a “shared services model” as the most cost effective method to deliver excellent public services to the community through our dedicated and professional staff members. The community consists of our local residents, the children, parents and staff of Westlake Academy, our corporate citizens, the employees who work in Westlake and various oth- er customers, developers and visitors who do business in and around our town. Through the use of a hybrid of internal direct service provision, inter-local agreements, public/private partnerships and the shared provision of programs at Westlake Academy, the staff strives to maintain Westlake as a premiere choice for families and corporate neighbors while operating in a financially responsible manner. Each departmental director and their staff teams are cross-trained and provide support or management of the service programs for both the Town of Westlake and the Town- owned charter school, Westlake Academy. These programs include facilities maintenance, development, human resources, IT support, financial services, communica- tions, and executive level management. The final results are a group of individuals who are actively engaged in creating a unique living experience through community events, educational opportunities and distinctive neighborhoods, which cannot be experienced anywhere else. Strategic Issues-Focused Governance System Strategic Plan 2011 Town of Westlake “Westlake, a premier knowledge based community” Table of Contents Balanced Scorecard Strategy Map 2 Business Cycle Chart 3 Mission, Vision & Community Values Statements 5 Strategic Plan 5 Program Based Budget Summary 14 Vaquero Approved ~ December 12, 2011 This page left intentionally blank. “O n   be h a l f  of  th e   ci t i z e n s ,   th e   mi s s i o n   of  th e   To w n  of  We s t l a k e   is  to  be  a   on e ‐of ‐a‐ki n d   co m m u n i t y   th a t   bl e n d s   ou r  ru r a l   at m o s p h e r e   wi t h   ou r  vi b r a n t   cu l t u r e   an d  me t r o p o l i t a n   lo c a t i o n . ” Pr o m o t e  Be s t  Pr a c t i c e   Po l i c y  Go v e r n a n c e   Pr o v i d e  Ou t s t a n d i n g  Se r v i c e   an d  Pr o g r a m  De l i v e r y   Pr o v i d e  Ex c e l l e n t ,  Re s p o n s i v e   Cu s t o m e r  Se r v i c e Pr o m o t e  Co m m u n i t y  He a l t h ,   Sa f e t y  & We l f a r e En h a n c e  an d  Ma i n t a i n  a  Se n s e  of  Co m m u n i t y CUS T O M E R FOC U S FIN A N C I A L STE W A R D S H I P Pr e p a r e  th e  Bu d g e t  wi t h  Li n k a g e s   to  th e  St r a t e g i c  Pr i o r i t i e s Id e n t i f y  & Al l o c a t e  Fu n d i n g  fo r   Ma i n t e n a n c e  of  Pu b l i c  As s e t s Ma i n t a i n  Ex c e l l e n c e  in  Re p o r t i n g   an d  Fi n a n c i a l  St a n d a r d s Su s t a i n  Fi s c a l   He a l t h Ma i n t a i n  Ef f e c t i v e   In t e r n a l  Co n t r o l s EMP L O Y E E INV E S T M E N T AN D SUP P O R T En c o u r a g e  Em p l o y e e  Pr o f e s s i o n a l   De v e l o p m e n t  & Or g a n i z a t i o n a l  Gr o w t h Pr o m o t e  a Cu l t u r e  of  Le a d e r s h i p ,   Te a m w o r k  & Hi g h  Pe r f o r m a n c e  (H P O ) En h a n c e  Em p l o y e e  Wo r k   Pe r f o r m a n c e ,    En g a g e m e n t   & Jo b  Sa t i s f a c t i o n At t r a c t  & Re t a i n  a Hi g h l y   Sk i l l e d  Wo r k f o r c e  Co m m i t t e d   to  Se r v i c e  Ex c e l l e n c e OPE R A T I O N A L PRO C E S S E S Fa c i l i t a t e  th e   Im p l e m e n t a t i o n  of  th e   St r a t e g i c  Is s u e s  Fo c u s e d   Go v e r n a n c e  Sy s t e m Pr e s e r v e  ou r   In f r a s t r u c t u r e  to  Me e t   th e  Li f e  Ex p e c t a n c y  of   ou r  As s e t s Im p l e m e n t  a  Co m p r e h e n s i v e   Co n t i n u o u s  Qu a l i t y   Im p r o v e m e n t  Pr o c e s s En c o u r a g e   St a k e h o l d e r  an d   St a f f  En g a g e m e n t Op t i m i z e  th e  us e   of  ou r  Sh a r e d   Se r v i c e s  Mo d e l De v e l o p  an   In t e g r a t e d   In f o r m a t i o n   Sy s t e m  In n o v a t i o n    Ed u c a t i o n a l  Le a d e r s  Fa m i l y  Fr i e n d l y  an d  We l c o m i n g  En g a g e d  Ci t i z e n s D R A F T  Pr e s e r v a t i o n  of  Ou r  Na t u r a l  Be a u t y  St r o n g  Ae s t h e t i c  St a n d a r d s  Tr a n s p a r e n t  Go v e r n m e n t    Fi s c a l  Re s p o n s i b i l i t y   STR A T E G I C ISS U E S Ca p i t a l  In v e s t m e n t Fi s c a l  St e w a r d s h i p  &  Or g a n i z a t i o n a l  Ef f e c t i v e n e s s Hu m a n  Re s o u r c e s   (E m p l o y e e  In v e s t m e n t ) Co m p r e h e n s i v e  Pl a n n i n g  an d   Ma n a g e m e n t  of  Na t u r a l  Re s o u r c e s   Pu b l i c  Sa f e t y  an d   Em e r g e n c y  Pr e p a r e d n e s s   S TR A T E G I C D EV E L O P M E N T /B UD G E T C YC L E Ad o p t  Bu d g e t  &  Ta x  Ra t e Ac a d e m y   Fi n a n c i a l  Au d i t Pr o g r a m   Bu d g e t   Pr e p a r a t i o n s    Pr e l i m i n a r y   Bu d g e t  Pr o j e c t i o n s Pr e s e n t   An n u a l  Au d i t   to  Co u n c i l • El e c t i o n s • CI P  Pl a n n i n g Re v i e w  Fi n a n c i a l   Po l i c i e s   Bu d g e t  Wo r k    Se s s i o n s   Pr e p a r a t i o n  fo r   To w n  An n u a l   Au d i t Im p l e m e n t  &  Pu b l i s h  Bu d g e t   Do c u m e n t s Bu d g e t  Ki c k o f f  &  Ac a d e m y  Su r v e y Ap r i l Fe b r u a r y Ma r c h Ja n u a r y De c e m b e r No v e m b e r Ju n e Ma y Au g u s t Se p t e m b e r Oc t o b e r Ju l y 1st Qt r  Re p o r t   to  Co u n c i l 2nd Qt r  Re p o r t   to  Co u n c i l 3rd Qt r  Re p o r t   to  Co u n c i l • Ce r t i f i e d  Ro l l  Re c e i v e d • TM O  Pr e l i m i n a r y B u d g e t re v i e w St r a t e g i c   Pl a n n i n g   Wo r k s h o p Ci t i z e n ’ s  Su r v e y DR A F T Pr e p a r e  Ac a d e m y Su r v e y Pr e p a r e  To w n Su r v e y Re v i e w  Bu d g e t   Pr o c e s s   Fo r Co m i n g  FY Bu d g e t  Re t r e a t   Sense of Place ~ Distinctive neighborhoods, architecturally vibrant corporate campuses, grazing longhorns, soaring red‐tailed hawks, meandering roads and trails, lined with natural stone and native oaks. Leadership ~ A premiere place to live, leadership in public education, corporate and governmental partnerships, and high development standards. Caring Community ~ Informed residents, small town charm and values, historical preservation. Vision Statement Westlake is an oasis of tranquility and natural beauty amidst an ever expanding  urban landscape. 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 vibrant culture and metropolitan location.” 3 Village Circle, Suite 202, Westlake, Texas 76262 www.westlake-tx.org (817) 430-0941 Strategic Plan 2011 Town of Westlake “Westlake, a premier knowledge based community” Innovation Educational leaders Family friendly and welcoming Engaged citizens Exemplary Governance ~ Town officials, both elected and appointed, exhibit respect, stewardship, vision, and transparency. Service Excellence ~ Public service that is responsive and professional, while balancing efficiency, effectiveness, and financial stewardship. Preservation of our natural beauty Strong aesthetic standards Transparent government Fiscal responsibility Community Values Vision Points Page 5 Approximately 992 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 38, and 51% of the residents are female. Some of the community’s top employers are: Fidelity Investments, TD Auto Finance, and CoreLogic. 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 restau- rants, 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. History and Demographics Solana Office Complex Top Employers Fidelity Investments TD Auto Finance CoreLogic Wells Fargo Bank McKesson Corporation Deloitte University Marriott — Solana “Good business leaders create a vision, articulate the vision, and relentlessly Page 6 Town of Westlake Recent Infrastructure Re-investment & Development Projects FM 1938—Construction of major north/south thoroughfare Deloitte University Dove Road and Ottinger Road Improvements Stagecoach Hills Waterline & Paving/Drainage Improvements Aspen Lane, Mahotea Boone and Roanoke Road Paving/Drainage Improvements SH 114 / SH 1170 Interchange SENSE OF PLACE — The Town is home to several different types of community developments, which include residential, corporate and agricultural uses. Our largest residential neighborhood is home to a state of the art golf facility and many beautiful homes. Stagecoach Hills airpark is located along the historic stagecoach line which once transported passengers from Keller to Denton. Westlake residential neigh- borhoods 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 its perimeter. We are an ideal location for businesses and have enjoyed a long history with our corporate campus developments. During the 2011 strategic planning process, the Town Council and staff Leadership Team developed an overview of the strategic issues facing Westlake and developed action plans to monitor the success and completion of the projects. The vision and mission statements were updated to reflect the unique characteristics found within our community and the values which are important to our residents. The information is contained within five vision points which describe the areas that the Council and staff have determined are vital to maintaining our Town and providing services to enhance the lives of our residents and community. Vision Point One—Sense of Place Vision Point Two—Leadership Vision Point Three—Caring Community Vision Point Four—Exemplary Governance Vision Point Five—Service Excellence Strategic Plan Overview LEADERSHIP — 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 and a sense of community. 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 of- fers the rigorous International Baccalaureate curriculum, for grades K-12, and all resi- dents are eligible to enroll their children. The Town also utilizes the “shared services” configuration to provide cutting edge service delivery to our residents and customers. The staff steps outside the traditional roles associated with each department in a municipality and works in a cross- functional manner between the Town and the Academy programs. This assists us in keeping our overhead to a minimum while serving our community. Page 7 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 Page 8 Town of Westlake EXEMPLARY GOVERNANCE — Westlake is governed by a Mayor and Town Council with each of the five council members serving a two-year term. The Town Council also serves as the governing board for Westlake Academy, in the capacity of the Board of Trustees. The dual service configuration supports the cooperative delivery of program services for the Westlake community. The Town Council appoints the Town Manager, who also functions as the Academy’s Superintendent, establishes town policies, and serves as the legislative body of the Town. In this capacity, the Council also approves the Town budget. The community is fortunate to have a dedicated group of residents who serve on our var- ious boards and strive to promote the vision of the Town. CARING COMMUNITY — In an effort to foster citizen engagement, enhance our neigh- borhoods and increase participation 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 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 and we are a co-sponsor of the MasterWorks Concert Series with the Arts Council Northeast, who promote local artists through public concert events. Westlake also hosts several local events to foster community involvement through the annual Christmas Tree Lighting Event, Decoration Day, Vintage Car Show and Arbor Days. SERVICE EXCELLENCE — The Town is staffed by a group of professionals who provide our residents and customers with the highest quality of public services in an efficient and responsive manner. The staff is involved in community gatherings, such as the neigh- borhood and parent meetings, concerts series, and various holiday based events—as well as striving to maintain personal relationships with our residential population to foster the Sense of Place and Caring Community found in Westlake. The Town’s Leadership Team of department directors brings more than 150 years of collective municipal experience and knowledge to the Town along with a strong commitment to public service excellence. Entrance to Glenwyck Farms The Town’s strategic plan was developed according to a Strategic Issues format, which identified events through a SWOT (strengths, weaknesses, opportunities, and threats) analysis that would affect our community over the next 24 months. This type of issues- focused version of a traditional strategic plan is designed to allow the organization to scan our environment for opportunities or challenges as it relates to our community and develop action plans to achieve the best results for Westlake. The five component issues we identified as strategic are: Capital Investment Fiscal Stewardship & Organizational Effectiveness Human Resources (Employee Investment) Comprehensive Planning and Management of Natural Resources Public Safety and Emergency Preparedness Under each outcome strategy, staff has created action items necessary to support or achieve the desired result, which is linked to the Strategy Map. Strategic Issues Westlake Academy Page 9 Town of Westlake Strategic Plan CAPITAL INVESTMENT — Ensure the infrastructure and capital investments of the Town are maintained to sustain the community’s quality of life. Outcome Strategies: 1. Existing Infrastructure Reinvestment (Current Assets) Leadership Team Member(s): Tom Brymer / Eddie Edwards / Jarrod Greenwood / Troy Meyer Staff Action 1.1: Facilities — Review of long-term rental options in comparison to building a permanent structure. Strategy Map: Financial Stewardship ~ Sustain Fiscal Health Completion Date: April, 2012 Staff Action 1.2: Cemetery — Analysis of long-term sustainability and marketing opportunities to increase the return on investment in the facility. Strategy Map: Financial Stewardship ~ Sustain Fiscal Health Completion Date: December, 2013 Staff Action 1.3: Completion of FM 1938 (Precinct Line Road) - Implementation of streetscaping projects. Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community Completion Date: FM 1938 — Summer, 2012; Final Streetscaping — Fall, 2015 Staff Action 1.4: FM 114/170 Interchange — Partner with TxDoT, the Town of Trophy Club and City of Roanoke to complete the streetscaping project. Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community Completion Date: Summer, 2013 “Westlake has been a lot of things, but it has never been ordinary.” Fort Worth Star Telegram Glenwyck Park Page 10 2011 Outcome Strategies: 5. Budget according to established service level provisions within departments. Leadership Team Member(s): Town Manager and All Departmental Directors Staff Action 5.1: Prepare budgets in a fiscally responsible manner to maintain a low tax rate while serving our stakeholders. Strategy Map: Financial Stewardship ~ Prepare the Budget with Linkages to the Strategic Priorities Completion Date: Annually by October 1st. FISCAL STEWARDSHIP AND ORGANIZATIONAL EFFECTIVENESS — Maintain a balanced approach to revenue forecast- ing and expenditure allocation to ensure the necessary resources for long-term sustainability. Strategic Issues, (cont.) 2. Technology and Equipment Investment Leadership Team Member(s): Todd Wood / Richard Whitten / Eddie Edwards Staff Action 2.1: Capital Investment in Vehicles—Review of emergency and fleet maintenance needs and replacement opportunities. Strategy Map: Operational Processes ~ Preserve our Infrastructure to Meet the Life Expectancy of Our Assets Completion Date: October, 2012 Staff Action 2.2: Radio Accessibility of Emergency Services — Examine public safety communication interoperability of the Westlake emergency radio system. Strategy Map: Customer Focus ~ Promote Community Health, Safety & Welfare Completion Date: June, 2012 CAPITAL INVESTMENT, (cont.) Staff Action 2.3: Capital Investment in Technology—Review of current technology needs and forecast anticipated requirements for internal operations, citizen engagement and equipment replacement in the form of a technology plan. Strategy Map: Customer Focus ~ Promote Community Health, Safety & Welfare Completion Date: June, 2012 3. Policy and Cost Analysis Drive by Growth (Future Assets) Leadership Team Member(s): Tom Brymer / Debbie Piper / Jarrod Greenwood / Eddie Edwards / Todd Wood / Troy Meyer Staff Action 3.1: Conduct feasibility study for water/sewer impact fees to offset the cost of infrastructure development. Strategy Map: Financial Stewardship ~ Sustain Fiscal Health Completion Date: June, 2012 Staff Action 3.2: Park Land and Trail Development — Work in partnership with surrounding municipalities to allow for connection of trails within Westlake to our neighboring communities. Strategy Map: Customer Focus ~ Promote Community Health, Safety & Welfare Completion Date: July, 2012 Staff Action 3.3: Evaluate Westlake Academy campus needs and expansion options. Strategy Map: Operational Processes ~ Optimize the Use of Our Shared Services Model Completion Date: August, 2012 4. Hwy 170/NTTA project Staff Action 4.1: Monitor the construction of the Hwy 170/NTTA project and provide Council with updates as to the impact on mobility in Westlake. Strategy Map: Customer Focus ~ Promote Community Health, Safety & Welfare Completion Date: Annual Report in November Entrance to Stagecoach Hills Page 11 Town of Westlake Strategic Issues, (cont.) 6. Maximize the service provision level to our customers through the use of the shared services model, public/private partnerships and the implementation of innovative inter-governmental agreements. Leadership Team Member(s): Town Manager and All Departmental Directors Staff Action 6.1: Seek additional partnerships through either the use of Memorandums of Understanding (MOU’s) or Interlocal Agreements (ILA’s) relative to items such as economic development, tourism, cost reductions or enhanced efficiencies in service delivery mechanisms, infrastructure developments, mobility activities, etc. Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery Completion Date: Provide annual December report to Council Staff Action 6.2: While maintaining high standards, continue to create incentive mechanisms that encourage businesses to locate in Westlake. These include flexible “development friendly” ordinances, adequate or expandable infrastructure, simplified fee structures and review procedures, and responsive staff support. Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery FINANCIAL STEWARDSHIP AND ORGANIZATIONAL EFFECTIVENESS, (cont.) 7. Develop a communication and marketing plan that is comprehensive in nature to encourage dialogue with our residents and foster community involvement. Leadership Team Members(s): Ginger Awtry / Tom Brymer / Todd Wood Staff Action 7.1: Provide consistent and timely communication to promote resident and stakeholder engagement in the business, events and opportunities in Westlake. Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community Completion Date: Provided through Monthly and Quarterly Publications Staff Action 7.2: Implement new website and monitor/update content material for relevancy and timeliness. Strategy Map: Customer Focus ~ Provide Excellent, Responsive Customer Service Completion Date: February, 2012 Staff Action 5.2: Continually monitor our revenue income and expenditures as it relates to the program budgeting function to provide Council with comprehensive financial information. Strategy Map: Financial Stewardship~ Sustain Financial Health Completion Date: Provided through Quarterly Financial Reports Staff Action 5.3: Examine Town’s capacity for re-investment in technology, FFE, capital expenditures, etc. Strategy Map: Financial Stewardship ~ Identify and Allocate Funding for Maintenance of Public Assets Completion Date: June, 2012 Staff Action 5.4: Develop/propose a financial policy to provide for future replacement needs of technology, FFE, etc. Strategy Map: Financial Stewardship ~ Identify and Allocate Funding for Maintenance of Public Assets Completion Date: December, 2012 Terra Bella Entry Page 12 2011 Spring Flowers Strategic Issues, (cont.) Outcome Strategies: 9. Update Town’s Comprehensive Plan Leadership Team Member(s): Troy Meyer / Eddie Edwards / Jarrod Greenwood A. Review of Current Comprehensive Planning document. Staff Action 9.A.1: Review existing plan provisions and incorporate into new proposal; Examine the possibility of hiring an outside consultant to assist in the process. Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community Completion Date: June, 2012 B. Review of Land Use Plan & Financial Analysis of Impact to Sustainability Staff Action 9.B.1: Understanding the impact of the current land use plan on future growth and financial sustainability of the Town’s municipal services, fees, and infrastructure necessary to support future development. Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community Completion Date: March, 2013 C. Supporting Master Plans Thoroughfare Plan Parks/Trail/Open Space Utilities (Water, Sewer, Duct Bank) Staff Action 9.C.1: Draft supporting master plans according to concepts approved by Council in the Comprehensive Planning document. Strategy Map: Customer Focus ~ Enhance and Maintain a Sense of Community Completion Date: March, 2013 COMPREHENSIVE PLANNING AND MANAGEMENT OF NATURAL RESOURCES — Ensure the standards are maintained and promoted in the management of growth and development within the Town to foster our unique character and rural-like atmosphere. HUMAN RESOURCES (Employee Investment) — Provide the appropriate staffing levels at the Town as it relates to service delivery to our community. Outcome Strategies: 8. Include personnel estimates in the five-year financial forecast based on expansion of service provision to the Academy and community as directed by growth/demand for services. Leadership Team Member(s): Town Manager and All Departmental Directors Staff Action 1.1: In conjunction with 5-year financial forecast, department heads to identify staffing needs for all programs of service. Strategy Map: Operational Processes ~ Optimize the Use of Our Shared Services Model Completion Date: Annually by August, 2012 Staff Action 1.2: Continually evaluate ways to maximize our delivery methods by cross-training employees and identifying skill sets which would be beneficial across the organization (i.e., security at the Academy, event preparation and volunteering, communication efforts through dynamic publica- tions, IT services between the Academy/Town, etc.) Strategy Map: Operational Processes ~ Encourage Stakeholder and Staff Engagement Completion Date: Report in August, 2012 PUBLIC SAFETY AND EMERGENCY PREPAREDNESS — Provide a safe community for our residents and business partners. Page 13 2011 Strategic Issues, (cont.) 12. Plan and implement strategies to enhance the emergency preparedness of the residents and Town facilities. Leadership Team Member(s): Town Manager and All Departmental Directors Staff Action 2.1: Evaluate on the local level that all departments have adequate training, equipment, and communication tools, to effectively address emergency situations as they arise. Strategy Map: Customer Focus ~ Promote Community Health, Safety and Welfare Completion Date: May, 2012 Staff Action 2.2: Review Town/Academy Standard Operating Procedures and emergency plans to maintain readiness. Strategy Map: Customer Focus ~ Promote Community Health, Safety and Welfare Completion Date: December, 2012 Staff Action 2.3: Inventory and identify availability of recommended Emergency Operations Center components. Strategy Map: Customer Focus ~ Promote Community Health, Safety and Welfare Completion Date: June, 2013 COMPREHENSIVE PLANNING AND MANAGEMENT OF NATURAL RESOURCES, (Cont.) D. Review and recommend necessary changes to existing ordinances to align with Comprehensive Plan Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery Completion Date: March, 2013 10. Investigate and review of environmental preservation and conservation opportunities. Leadership Team Member(s): Jarrod Greenwood / Troy Meyer Staff Action 10.1: Provide Council with report outlining programs that would benefit the residents in their conservation efforts. Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery Completion Date: Report to Council in April, 2012 Staff Action 10.2: Compare and contrast the programs relative to surrounding communities and the options found in the environmental conservation “best practices” of local government, to include an estimated cost of service provision. Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery Completion Date: April, 2013 Outcome Strategies: 11. Consistently seek an effective service delivery method to provide comprehensive police services for the Town residents. Leadership Team Member(s): Town Manager and All Departmental Directors Staff Action 11.4: Monitor and report on the success of the current police services contract to ensure a safe environment for our residents. Strategy Map: Customer Focus ~ Provide Outstanding Service and Program Delivery Completion Date: Annual report in February/March Terra Bella Entry Page 14 2011 Spring Flowers Programs of Service Program Comprehensive Planning & Economic Development Building Inspections Code Enforcement Transportation Services Parks & Recreation Maintenance TOTAL Vision Point One ~ Sense of Place: Distinctive neighborhoods, architecturally vibrant corporate campuses, grazing longhorns, soaring red‐tailed hawks, meandering roads and trails, lined with natural stone and native oaks. Total Allocation $ 84,199 $ 38,253 $ 5,182 $ 39,646 $ 106,031 $ 273,311 Key Service Delivery Dept. Dept. 11 — Administration Dept. 12 — Planning & Dev. Dept. 12 — Planning & Dev. Dept. 16 — Public Works Dept. 19 — Parks & Rec. Vision Point Two ~ Leadership: A premiere place to live, leadership in public ed‐ ucation, corporate and governmental partnerships, and high development standards. Program Plan Review & Inspections Gas Well Permit Administration Planning & Zoning Water Services Sew- er Services Solid Waste & Recycling Westlake Academy Foundation Support Services Academic Support Services Tex- as Student Housing TOTAL Total Allocation $ 48,945 $ 8,197 $ 39,252 $1,662,660 $ 444,994 $ 33,533 $ 20,501 $ 139,151 $ 28,767 $2,426,000 Key Service Delivery Dept. Dept. 12 — Planning & Dev. Dept. 12 — Planning & Dev. Dept. 12 — Planning & Dev. Dept. 16 — Public Works Dept. 16 — Public Works Dept. 16 — Public Works Dept. 18 — Finance Dept. 21 — Human Resources Dept. 13 — Town Secretary The program budget allocations are used as a means of providing our residents and Council with the costs associated with each public service provision according to the specific program rather than the traditional line-item designations. It has been developed with a governance approach that places greater emphasis on the services and activities provided to our stakeholders rather than the individual departments that carry out the assigned work duties. The information listed below, groups the programs with the Vision Point most closely related to the service and identifies the department that is primarily responsible for ensuring the necessary work is completed to reach our goals and objectives. The program budget may also be utilized as a tool for prioritizing services and making organizational funding decisions. Deciding how responsive, effective or efficient a particular service should be carries implicit costs. Westlake continues to deliver the highest quality services possible while maintaining relatively low provision costs. The professional staff at the Town of Westlake takes pride in the work they do and the services they offer to our residents. Page 15 2011 Programs of Service, (cont.) Vision Point Three ~ Caring Community: Informed residents, small town charm and values, historical preservation. Program Emergency Prevention Citizen Engagement & Communications TOTAL Total Allocation $ 70,023 $ 117,221 $ 187,244 Key Service Delivery Dept. Dept. 14 — Fire & EMS Dept. 22 — Communications Vision Point Four ~ Exemplary Governance: Town officials, both elected and appointed, exhibit respect, stewardship, vision, and transparency. Program Municipal Governance Academic Governance TOTAL Total Allocation $ 183,083 $ 78,384 $ 261,467 Key Service Delivery Dept. Dept. 11 — Administration Dept. 11 — Administration Vision Point Five ~ Service Excellence: Public service that is responsive and professional, while balancing efficiency, effectiveness, and financial stewardship. Program Financial Management Municipal Administration Academic Administration Records Management Emergency Operations Emergency Operations — Billing Services Emergency Operations — Support Services Police Services Municipal Court—Case Processing Municipal Court — Docketing Warrant & Jail Services Municipal Court - Collection Services Judiciary & Administration Utility Billing & Processing Municipal Accounting Services Human Resources — Administration Human Resources —Total Compensation Human Resources — Risk Management Human Resources — Employment Services Right-of-Way (ROW) Management Election Administration Municipal IT Operations Municipal Network Operations TOTAL Total Allocation $ 291,888 $ 656,508 $ 274,369 $ 29,621 $ 991,454 $ 12,000 $ 30,504 $ 775,326 $ 61,478 $ 52,013 $ 96,525 $ 17,393 $ 37,024 $ 67,419 $ 202,190 $ 6,501 $ 2,000 $ 4,210 $ 3,166 $ 143,096 $ 12,928 $ 81,592 $ 6,363 $ 3,855,570 Key Service Delivery Dept. Dept. 11 — Administration Dept. 11 — Administration Dept. 11 — Administration Dept. 13 — Town Secretary Dept. 14 — Fire & EMS Dept. 14 — Fire & EMS Dept. 14 — Fire & EMS Dept. 23 — Police Dept. 15 — Municipal Court Dept. 15 — Municipal Court Dept. 15 — Municipal Court Dept. 15 — Municipal Court Dept. 15 — Municipal Court Dept. 18 — Finance Dept. 18 — Finance Dept. 21 — Human Resources Dept. 21 — Human Resources Dept. 21 — Human Resources Dept. 21 — Human Resources Dept. 16 — Public Works Dept. 13 — Town Secretary Dept. 20 — Information Tech. Dept. 20 — Information Tech. “We are limited, not by our abilities, but by our own vision.” - Anonymous COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item # 6 Council Recap / Staff Direction Town of Westlake Item # 7 – Workshop Adjournment Back up material has not been provided for this item. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town of Westlake Item # 2 – Citizen’s Presentations and recognitions CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting held on January 23, 2012. b. Consider approval of Resolution 12-04, Authorizing the Town Manager to purchase a Fire Attack Truck. c. Consider approval of Resolution 12-05, Accepting the annual Comprehensive Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the Fiscal Year ending September 30, 2011. d. Consider approval of Resolution 12-06, Appointing a member to the Historical Preservation Society. e. Consider approval of Ordinance 675, Amending Chapter 1 “General Provisions”, Section 1-2, Amending the definition of Masonry Construction. f. Consider approval of Ordinance 676, Appointing a Municipal Court Judge. g. Consider approval of Resolution 12-07, Authorizing the Town Manger to enter into a contract with Peachtree Construction for an amount of $486,641.26 for street and drainage improvements in Stagecoach Hills. h. Consider approval of Resolution 12-08, Approving an Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel and a Budget Amendment to Fund Said Agreement. i. Consider approval of Resolution 12-09, Suspending Atmos Energy Corporation’s Mid-Tex Division Requested Rate Change to Permit the Town Time to Study the Request and to Establish Reasonable Rates. j. Consider approval of Resolution 12-10, Amending the WA Civic Campus Facility Use Guidelines and policies. Town of Westlake Item # 3 - Consent Agenda Items Town Council Minutes 01/23/12 Page 1 of 4 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING January 23, 2012 PRESENT: Mayor Laura Wheat and Council Members, David Levitan, Carol Langdon and Rick Rennhack. Clif Cox arrived at 5:28 p.m. ABSENT: Tim Brittan OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Director of Communications & Community Affairs Ginger Awtry, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, Director of Public Works Jarrod Greenwood, Fire Chief Richard Whitten, and Human Resources and Administrative Services Director Todd Wood. Workshop Session 1. CALL TO ORDER Mayor Wheat called the workshop to order at 5:23 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM JANUARY 23, 2012, REGULAR MEETING. Mayor Wheat asked Attorney Lowry for clarification of the mediation language regarding item e of the consent agenda. Town Council Minutes 01/23/12 Page 2 of 4 4. REPORTS a. Fidelity ingress/egress affected by FM 1938 construction. Town Manager Brymer provided an overview of the access point off of Dove Road that Fidelity will use during construction at the intersection of Bull Way and FM1938. 5. DISCUSSION ITEMS a. Quarterly Financial Dashboard and Analysis for the Quarter ended December 31, 2011. Town Manager Brymer provided an overview of the Capital projects listed in the report. b. Discussion regarding contracting with Denton and/or Tarrant counties for the 2012 general election. Town Secretary Edwards provided an update on contracting with both counties and polling locations. 6. COUNCIL RECAP / STAFF DIRECTION - None 7. ADJOURNMENT There being no further business before the Council, Mayor Wheat adjourned the workshop at 5:31 p.m. to call the Board of Trustees workshop to order. Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 8:52 p.m. with Council Member Brittan absent. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS No one addressed the Council. Town Council Minutes 01/23/12 Page 3 of 4 3. CONSENT AGENDA a. Consider approval of the minutes from the meeting held on December 12, 2011. b. Consider amending the minutes from the meeting held on June 28, 2010. c. Consider approval of Resolution 12-01, Amending the 2012 meeting calendar. d. Consider approval of Ordinance 674, Calling the May 12, 2012, General Election. (Considere aprobación de Ordenanza 674, Llamando el 12 de mayo de 2012, la Elección general) e. Consider approval of Resolution 12-02, Approving an Interlocal agreement and License agreement with the City of Southlake for the installation and operation of TW King 30” waterline within Town of Westlake right-of-way adjacent to FM 1938. f. Consider approval of Resolution 12-03, Amending the travel policy and its inclusion into the Town of Westlake Personnel Manual. MOTION: Council Member Cox made a motion to approve the consent agenda. Council Member Levitan seconded the motion. The motion carried by a vote of 4-0. 4. EXECUTIVE SESSION The Council convened into executive session at 8:49 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager c. Section 551.072 Deliberations Regarding Real Property – to deliberate the purchase, exchange, lease or value of real property. d. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Michael Eaton vs. Town of Westlake 5. RECONVENE MEETING Mayor Wheat reconvened the meeting at 12:32 a.m. Town Council Minutes 01/23/12 Page 4 of 4 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. 7. FUTURE AGENDA ITEMS - None 8. COUNCIL CALENDAR - Northeast Leadership Forum Annual Meeting & Award Luncheon February 3, 2012; 11:30 – 1:00 pm; Hurst Conference Center - Board of Trustee Meeting February 6, 2012 - Northeast Tarrant Transportation Summit February 10, 2012; 8:30 am - 1:30 pm; Hurst Conference Center - Gallery Night March 3, 2012, Marriott Solana at 6:00 p.m. - Board of Trustee Meeting March 5, 2012 - WA Spring Break March 12 – 16, 2012 - Town Council Meeting March 26, 2012 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 4-0. Mayor Wheat adjourned the meeting at 12:33 a.m. APPROVED BY THE TOWN COUNCIL FEBRUARY 27, 2012. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Fire – EMS Department Meeting Date: February 27, 2012 Staff Contact: Richard Whitten Consent Agenda Fire Chief Subject: Purchase of Quick Attack Fire Truck (light duty) EXECUTIVE SUMMARY Funding is allocated in the FY 2011/2012 budget as approved by the Town Council for a new Quick Attack fire t ruck. Currently the Department only has one fire truck which is an Engine/Pumper. The current Engine/Pumper is a large heavy duty fire truck and has some limitations in serving all of the needs of the fire department. The current Engine that the department has is the work horse of any fire department. It is the main fire truck. However, there are needs that an Engine is limited in providing. Limited access areas such as homes and buildings that are built a great distance from the roadway and situated tightly among trees all make getting a full size Engine close enough to the incident difficult . Grass and brush fires generally require that a truck be able to go off road to extinguish these fires. The Department is currently limited when faced with these situations. The Quick Attack fire truck would enhance service delivery by allowing the Department to confront these situations quickly without waiting for a neighboring department to respond with their light duty fire truck. The new Quick At tack fire t ruck would further provide a back-up apparatus to the current Engine. When the current Eng ine is out of service for repairs or maintenance the Department would not be completely without a fire truck. Currently the Department has to attempt to borrow another department’s spare Engine when performing necessary repairs and maintenance on our Engine. The Department is not always successful in obtaining a loaner. The Quick Attack fire t ruck could be utilized on several calls that do not necessarily require an Engine, further reducing wear and tear on the Engine and extending its life span. The Engine mainly responds to calls related to buildings, motor vehicle accidents and vehicle fires. The Quick Attack fire t ruck could respond to grass and brush fires, known limited access areas, and EMS incidents. The Town received a compressed air foam system (CAFS) skid unit with a Federal grant in 2005 anticipating placing it on a chassis the following year. However, due to lack of funding, this never materialized. In 2010 Range Resources developed a Gas Well Pad Site that required the removal of numerous Page 2 of 2 trees. As part of the tree mitigation process, Range paid $175,000 into the Reforestation Fund. The Reforestation Fund is to be used for purchasing, planting and maintaining trees on public property, acquiring equipment that may be used for the protection of trees, or for acquiring and preserving wooded property. An Attack Truck is an invaluable tool for fighting fires on undeveloped land where the Town still has many groves of trees. The Quick Attack fire truck will be a 2012 model F-550 Rosenbauer/DACO purchased through HGAC. It will have a 12 foot aluminum rescue body. It has storage compartments for equipment such as ladder, hose, nozzles, chain saw, various hardware and hand tools, EMS equipment and breathing apparatus. The unit will require an expenditure of $146,720. The anticipated life cycle is approximately ten (10) years. This estimate is based on the overall usage and calls for service over the corresponding time period. The unit will require the purchase of equipment to operate and serve our residents, which will cost approximately $ 23,000. The basic equipment that will be purchased includes items such as, radios, breathing apparatus, axes, backpack pump cans and various hand tools. The Houston-Galveston Area Council (H-GAC) is a purchasing consortium that is a unit of local government and a political subdivision of the State of Texas. H-GAC provides volume purchasing prices through their discounted bid program. They provide an expedited procurement process that meets requirements for competitive bids and proposals. APPLICABLE STRATEGIC PLAN VISION POINT Inviting Residential and Corporate Neighborhoods We are Leaders Hospitality Finds its Home in Westlake FISCAL IMPACT Funded Not Funded N/A Funds are budgeted in the Approved FY 2011/2012 budget, Capital Outlay Fund, in the amount of $170,000. The Quick Attack fire truck plus equipment will be purchased within budget. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Staff recommends authorizing Town Manger to execute contract through H-GAC and secure purchases through associated vendors for equipment purchases. ATTACHMENTS Resolution H-GAC/DACO Proposal Resolution 12-04 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 12-04 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, FINDING THE PROVISION OF A QUICK ATTACK FIRE TRUCK AND ASSOCIATED EQUIPMENT; AND AUTHORIZING EXPENDITURES FOR THE COMPLETION OF SAID ACQUISITION. WHEREAS, the Town of Westlake commenced the operation of the Town of Westlake Fire Department during May of 2002; and WHEREAS, based on the scope of services provided and the geographic limits of the Town of Westlake service area, the Town of Westlake Fire Department must maintain firefighting apparatus and all associated equipment to provide said services, and WHEREAS, the Town Council finds and concludes that maintaining reliable emergency response vehicles is necessary to preserve the property of the Town, to protect the public health and safety of the Town's residents and to preserve the safety of the Town and its citizens; and WHEREAS, by entering into an Interlocal Contract with the Houston-Galveston Area Council (H-GAC), a cooperative purchasing program that satisfies the formal bid process; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approves the proposed quote from H-GAC, attached as Exhibit “A”. SECTION 3: That the Town Manager, or his designee, is authorized and directed to enter into an agreement for the acquisition of a Quick Attack fire truck, and all associated equipment, in an amount not to exceed $170,000.00. Any actions previously taken by the Town Manager in the undertaking of this project are hereby ratified and approved. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 12-04 Page 2 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF FEBRUARY 2012. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Finance Meeting Date: February 27, 2012 Staff Contact: Debbie Piper Consent Finance Director Subject: Acceptance of the annual Comprehensive Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the fiscal year ended September 30, 2011. EXECUTIVE SUMMARY The Town’s Fiscal and Budgetary Policies along with State law require that the Town be audited annually by outside independent accountants. The result of this independent audit is the receipt of an unqualified opinion or “clean” opinion again this year. This means the auditors have found that these financial statements present fairly, in all material respects, the financial position of the Town of Westlake at September 30, 2011. We are also pleased that there were no “Management Letter” comments for the current year. As implemented in previous years, we have included the Texas Student Housing (TSH) audited information in our report. Because the Town Council may appoint and/or remove a director of the Texas Student Housing Board, it was determined that TSH should be considered a component unit of the Town. This information has been included in the financials and in the footnotes. It was also noted that the debt of TSH is not a liability of the Town. The inclusion of this information in the Town’s audit will not affect any future bond ratings nor have a negative impact on the Town’s overall debt ratio for the purpose of securing additional financing in the future. Along with the annual budget, the Comprehensive Annual Financial Report (CAFR) is one of the most important financial activities of the Town. This report represents and reflects upon the Town’s financial operations and condition to the Town’s residents, elected officials, management personnel, financial institutions, rating agencies, and all other parties interested in the financial affairs of the Town. Additionally, the Town began participating in the Government Finance Officer Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting program for the fiscal year 2007. This award is highly regarded as the “Good Housekeeping Seal of Approval” for governmental financial reporting. Therefore, we are pleased to announce that the Town has recently received this award for our fourth submission. This award is presented based on the required contents of the CAFR document, and ensures that certain required financial disclosures are presented in the document. All governmental entities Page 2 of 2 that participate in the program must include these disclosures in their CAFR. We believe the September 30, 2011 CAFR is in compliance with these disclosure requirements, and the Town will be awarded our 4th consecutive certificate. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION/ACTION REQUESTED Acceptance of the annual CAFR ATTACHMENTS Resolution *”Draft” Comprehensive Annual Financial Report for the FY ended September 30, 2011. (will be attached to final copy of the resolution) Resolution 12-05 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 12-05 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ACCEPTING THE ANNUAL COMPREHENSIVE ANNUAL FINANCIAL REPORT PRESENTED BY PATTILLO, BROWN & HILL, L.L.P., CERTIFIED PUBLIC ACCOUNTANTS, FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2011. WHEREAS, Section 103.001 of the Local Government Code requires that a municipality shall have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit; and WHEREAS, Section 103.002 of the Local Government Code requires that a municipality shall employ at its own expense a certified public accountant who is licensed in this state or a public accountant who holds a permit to practice from the Texas State Board of Public Accountancy to conduct the audit and to prepare the annual financial statements; and WHEREAS, the firm of Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, was selected and approved by the Town Council on July 12, 2006 for a five year engagement to include the performance of the Town of Westlake’s financial audit for the year ended September 30, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council does hereby accept the fiscal year 2010-2011 Comprehensive Annual Financial Report from Pattillo, Brown & Hill, L.L.P., Certified Public Accountants. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 12-05 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF FEBRUARY, 2012. __________________________________ Laura Wheat, Mayor ATTEST: ___________________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ___________________________________ L. Stanton Lowry, Town Attorney Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Town Secretary Meeting Date: February 27, 2012 Staff Contact: Kelly Edwards Consent Town Secretary Subject: Approval of Resolution appointing a member to the Westlake Historical Preservation Society. EXECUTIVE SUMMARY Currently the Historical Preservation Society has a vacant seat. The Historical Preservation Society would like to appoint Mr. Jim Budarf to the board filling a vacancy. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS Consider appointment ATTACHMENTS Application Resolution Resolution 12-06 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 12-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE WESTLAKE HISTORICAL PRESERVATION SOCIETY BOARD. WHEREAS, Currently, a vacancy exist on the Westlake Historical Preservation Society board; and WHEREAS, the Town Council has received an application for consideration of appointment; and WHEREAS, the meeting at which this Resolution was considered was open to the public as required by law, and public notice of th e time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake does hereby appoint the following individual to serve as a member of the Westlake Historical Preservation Society board for the term noted below: Jim Budarf - term expiring June 2012. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 12-06 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF FEBRUARY 2012. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Planning and Development Meeting Date: February 27, 2012 Staff Contact: Eddie Edwards, Consent Director of Planning and Development Subject: Consideration of an ordinance amending sections 1-2 of the Town of Westlake Code of Ordinances. This section contains the definition of Masonry Construction relative to the exterior walls of buildings in Westlake. EXECUTIVE SUMMARY The current definition causes an unnecessary burden on home builders who wish to have stucco as an exterior wall surface. They are forced to erect a masonry wall and then apply the stucco on top of the masonry wall to achieve the minimum thickness required. According to the many industry experts this application is considered a less desirable system than applying stucco to a wood framed wall. They feel that the thermo dynamic property differences between a masonry wall and the stucco veneer will result in a greater likelihood of cracking. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS Staff recommends approval of the proposed amendments. ATTACHMENTS Code sections with proposed changes shown. Proposed ordinance. Masonry Definition Amendment to Sec. 1-2 of the Town of Westlake Code of Ordinances. Chapter 1 – GENERAL PROVISIONS Sec.1-2 – Definitions and rules of construction. Masonry construction. The words “masonry construction” include exterior walls constructed of brick, stone, cast stone, concrete, glass block or other approved masonry materials and shall be constructed in accordance with the Westlake Building Code. , but in no case shall brick be less than three inches in thickness nor shall stone, concrete, concrete block or other approved masonry be less than 3 5/8 inches in thickness when applied as a veneer. Ordinance 675 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 675 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, TITLED “GENERAL PROVISIONS”, BY AMENDING SECTION 1-2, AMENDING THE DEFINITION FOR MASONRY CONSTRUCTION; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it to be in the best interest of the Town and its citizens to allow greater discretion regarding the materials used for the construction of exterior walls of single family residences; and WHEREAS, upon the recommendation of the Town of Westlake Building Official, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the attached amendment (Exhibit “A”) to the Westlake Code of Ordinances should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 1, General Provisions, Section 1-2 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as shown on attached Exhibit A, which is incorporated for all purposes. SECTION 4: That all provisions of Ordinance not hereby amended shall remain in full force and effect. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 6: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 675 Page 2 of 3 SECTION 7: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY 2012. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 675 Page 3 of 3 EXHIBIT A Chapter 1 – GENERAL PROVISIONS Sec.1-2 – Definitions and rules of construction. (All definitions preceding and following the term “Masonry” are to remain unchanged.) Masonry construction. The words “masonry construction” include exterior walls constructed of brick, stone, cast stone, concrete, glass block or other approved masonry materials and shall be constructed in accordance with the Westlake Building Code. Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Town Manager’s Office Meeting Date: February 27, 2012 Staff Contact: Amanda DeGan Consent Assistant to the Town Manager Municipal Court Director Subject: Consider approval of an Ordinance Reappointing the Presiding Judge and the Alternate Judge for the Westlake Municipal Court of Record No. 1. EXECUTIVE SUMMARY In keeping with the requirements of Ordinance No. 401 establishing the Municipal Court for the Town of Westlake, the presiding and alternate judicial positions require reappointment on a biennial basis. The Court has been very fortunate to have two outstanding individuals fill these positions, each with a long history of public service to local governments. Brad Bradley is the current presiding judge and has served as either presiding or alternate judge for many of our surrounding communities. Eric Ransleben is the alternate judge and has served as a prosecutor and alternate judge for many local jurisdictions as well. The proposed ordinance recommends the reappointment of both of these individuals. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS Approval of the re-appointment Ordinance. ATTACHMENTS Ordinance Ordinance 676 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 676 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING THE PRESIDING JUDGE AND THE ALTERNATE PRESIDING JUDGE FOR THE MUNICIPAL COURT OF RECORD NO. 1 FOR A TWO (2) YEAR TERM IN THE TOWN OF WESTLAKE; PROVING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake Board of Aldermen established the Municipal Court of Record No. 1 and must provide for the appointment of a Presiding Judge and an Alternate Judge; and WHEREAS, Ordinance No. 401 also sets forth certain duties and qualifications for each of the Appointees. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Town Council hereby appoints the following individuals to the Municipal Court of Record No. 1 in the capacity set forth below: Presiding Judge Brad Bradley Alternate Judge Eric G. Ransleben These appointments are made subject to and are governed by the provisions of Ordinance No. 401, and in accordance with State law. SECTION 2: That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 3: If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4: All other Ordinances in effect and not in conflict with this Ordinance shall remain in full force and effect. Ordinance 676 Page 2 of 2 SECTION 5: The Town Secretary of the Town of Westlake is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Westlake and by filing this Ordinance in the Ordinance records of the Town. SECTION 6: This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED ON THIS 27nd DAY OF FEBRUARY, 2012. __________________________________ Laura Wheat, Mayor ATTEST: _________________________________ ___________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: __________________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Public Works Department Meeting Date: February 27, 2012 Staff Contact: Jarrod Greenwood Consent Public Works Director Subject: Consider a Resolution authorizing the Town Manager to execute a contract with Peachtree Construction for Stagecoach Hills and Roanoke Road paving and drainage improvements related to the adopted Capital Improvement Plan. EXECUTIVE SUMMARY The adopted 5 year Capital Improvement Plan includes several street and drainage construction projects. The proposed contract with Peachtree Construction in the amount of $486,641.26 will provide street and drainage reconstruction projects identified below: • Stagecoach Hills - 8” stabilized subgrade with 4” asphalt pavement, re-grading of bar ditches, and replacement of drainage culverts as needed. • Roanoke Road (north of SH 170) - 8” stabilized subgrade with 4” asphalt pavement, re- grading of bar ditches, and replacement of the existing metal culvert pipe and widen the roadway at the creek to provide a safer road. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence FISCAL IMPACT Funded Not Funded N/A Funding for the proposed capital projects is included in the FY 11/12 adopted budget. These projects are within funds budgeted in the Town Council’s Approved Five (5) Year Capital Improvement Plan. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Staff recommends approval. ATTACHMENTS Bid Tab Page 2 of 2 Resolution with contractor documents Attachment “A”- 2012 CIP Paving Contract (will execute documents upon approval) Page 1 Item 3g1 BID TABULATION-Westlake 2012 CIP Stagecoach Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1.Demolition of existing pavement and mixing with cement for a subgrade to provide an 8" thick stabilized road base on Stagecoach Development Roads which shall include all labor, materials and equipment,complete and in place for; 11,617 S.Y.$3.80 $44,144.60 $5.70 $66,216.90 $5.25 $60,989.25 $7.25 $84,223.25 $3.00 $34,851.00 2.Cement for stabilization (40 lb/SY) on Stagecoach Development Roads which shall include furnish and installation, complete in-place for;233.5 TN.$115.00 $26,852.50 $90.00 $21,015.00 $110.00 $25,685.00 $115.00 $26,852.50 $125.00 $29,187.50 3.Furnish and installation of 4" HMAC Type "D" surface course (not including driveways) on Stagecoach Development Roads, complete in-place for;10,805 S.Y.$14.60 $157,753.00 $16.09 $173,852.45 $18.00 $194,490.00 $15.50 $167,477.50 $19.80 $213,939.00 4.Unclassified Excavation and Re-grading along Stagecoach Development Roads, complete in-place for;121 C.Y.$16.00 $1,936.00 $25.00 $3,025.00 $35.00 $4,235.00 $42.00 $5,082.00 $62.00 $7,502.00 5.Clean out existing driveway culverts along Stagecoach Development Roads, complete in place for;28 Ea.$110.00 $3,080.00 $100.00 $2,800.00 $95.00 $2,660.00 $265.00 $7,420.00 $320.00 $8,960.00 6.Remove and replace existing driveway approaches along Stagecoach Development Roads, complete in-place for;22 Ea.$160.00 $3,520.00 $682.00 $15,004.00 $1,100.00 $24,200.00 $1,450.00 $31,900.00 $1,200.00 $26,400.00 7.Topsoil roadway edge dressing for Stagecoach Development Roads, complete in- place for;7,782 S.Y.$6.50 $50,583.00 $3.00 $23,346.00 $5.50 $42,801.00 $1.80 $14,007.60 $7.00 $54,474.00 8.Seasonal Hydromulch Seeding along Stagecoach Development Roads, complete in- place for;7,782 S.Y.$0.53 $4,124.46 $1.71 $13,307.22 $0.50 $3,891.00 $0.80 $6,225.60 $0.30 $2,334.60 9.Truck watering to establish vegetation / growth of seed/sod along Stagecoach Development Roads, complete for;2 Wk.$2,700.00 $5,400.00 $1,500.00 $3,000.00 $2,500.00 $5,000.00 $3,300.00 $6,600.00 $2,300.00 $4,600.00 10.Silt fence along Stagecoach Development Roads, complete in-place for;685 L.F.$2.50 $1,712.50 $1.50 $1,027.50 $2.50 $1,712.50 $1.30 $890.50 $1.40 $959.00 11.Provide inlet protection along Stagecoach Development Roads, complete in-place 5 Ea.$220.00 $1,100.00 $100.00 $500.00 $225.00 $1,125.00 $60.00 $300.00 $75.00 $375.00 12.Provide Excelsior wattles or approved equal, along Stagecoach Development Roads, complete in-place 55 Ea.$100.00 $5,500.00 $150.00 $8,250.00 $100.00 $5,500.00 $27.00 $1,485.00 $110.00 $6,050.00 13.Rock check dams for Stagecoach Development Roads, complete in-place for;3 EA.$750.00 $2,250.00 $300.00 $900.00 $300.00 $900.00 $265.00 $795.00 $460.00 $1,380.00 14.Removal of 30" RCP, complete for Stagecoach Development Roads, in-place for; 104 L.F.$31.00 $3,224.00 $5.00 $520.00 $21.00 $2,184.00 $16.00 $1,664.00 $11.00 $1,144.00 15.Install 30" Class IV RCP, including trenching, bedding, and beckfill, complete for Stagecoach Development Roads 104 L.F.$110.00 $11,440.00 $88.27 $9,180.08 $130.00 $13,520.00 $90.00 $9,360.00 $100.00 $10,400.00 16.Install 18" Class III RCP, including trenching, bedding and backfill, complete for Stagecoach Development Roads, complete in-place for;238 L.F.$48.00 $11,424.00 $60.00 $14,280.00 $55.00 $13,090.00 $56.00 $13,328.00 $47.00 $11,186.00 17.Install Concrete Headwall w/Flared Wings for 18" Class III RCP, complete for Stagecoach Development Roads, complete in-place for;2 Ea.$1,600.00 $3,200.00 $1,800.00 $3,600.00 $2,200.00 $4,400.00 $1,900.00 $3,800.00 $1,400.00 $2,800.00 18.Install 3' wide, 6" thick, Concrete Flume complete for Stagecoach Development Roads, complete in-place for;115 L.F.$27.00 $3,105.00 $15.00 $1,725.00 $30.00 $3,450.00 $23.00 $2,645.00 $17.00 $1,955.00 19.Install 24" wide White Traffic Stripe (including Beads) complete for Stagecoach Development Roads, complete in-place for;105 L.F.$14.00 $1,470.00 $30.00 $3,150.00 $10.00 $1,050.00 $16.00 $1,680.00 $17.00 $1,785.00 20.Traffic Control for Stagecoach Development Roads, complete in-place for;1 L.S.$2,200.00 $2,200.00 $7,500.00 $7,500.00 $2,000.00 $2,000.00 $4,500.00 $4,500.00 $5,500.00 $5,500.00 21.CIP Project sign (4' X 8') for Stagecoach Development Roads (Refer to detail), furnished and installed, complete in-place for;1 EA.$400.00 $400.00 $400.00 $400.00 $450.00 $450.00 $385.00 $385.00 $850.00 $850.00 $344,419.06 $372,599.15 $413,332.75 $390,620.95 $426,632.10 CONTRACTOR'S AMOUNT Item No. Town of Westlake Base Project #1 - Stagecoach Development Roads (Stagecoach Circle, Thornton Drive, Janet Court and Steve Court) 2012 CIP Paving Project BID TABULATION C.E. Cook and Sons The Lane Construction Description Qty.Unit 2L Construction Stagecoach Circle, Thornton Drive, Janet Court, Steve Court, and Roanoke Road N. of S.H. 170 Bids Opened February 16, 2012 at 11:00 a.m. Peachtree Const. Subtotal for Base Project #1 $426,632.10 JAGOE-Public Co. Note: The yellow highlighted areas are where the contractor had an error. $344,419.06 $372,599.15 $413,332.75 $391,034.20 Page 2 Item 3g1 BID TABULATION-Westlake 2012 CIP Stagecoach Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 22.Demolition of existing pavement and mixing with cement for a subgrade to provide an 8" thick stabilized road base on Roanoke Road N. which shall include all labor, matrials and equipment, complete in-place for;1,980 S.Y.$6.30 $12,474.00 $5.70 $11,286.00 $8.25 $16,335.00 $7.50 $14,850.00 $3.00 $5,940.00 23.Cement for stabilization (40lb/SY) on Roanoke Rd N. which shall include furnish and installation , complete and in-place for;39.7 TN.$115.00 $4,565.50 $90.00 $3,573.00 $110.00 $4,367.00 $115.00 $4,565.50 $125.00 $4,962.50 24.Furnish and installation of 5" HMAC (3" HMAC Type "B" and 2" Type "D" surface course) on Roanoke Road N. complete and in-place for;1,825 S.Y.$18.50 $33,762.50 $21.43 $39,109.75 $22.00 $40,150.00 $24.00 $43,800.00 $26.00 $47,450.00 25.Unclassified Excavation and Re-grading along Roanoke Road N., Complete and in- place for; 422 C.Y.$41.00 $17,302.00 $25.00 $10,550.00 $15.00 $6,330.00 $25.00 $10,550.00 $20.00 $8,440.00 26.Clean out existing driveway culverts along Roanoke Road N., complete and in-place for;3 Ea $110.00 $330.00 $100.00 $300.00 $115.00 $345.00 $265.00 $795.00 $320.00 $960.00 27.Remove and replace existing driveway approaches along Roanoke Road. N., complete in-place for;3 Ea $160.00 $480.00 $750.00 $2,250.00 $250.00 $750.00 $2,000.00 $6,000.00 $940.00 $2,820.00 28.Topsoil roadway edge dressing for Roanoke Road N., complete in-place for;1,940 S.Y.$6.50 $12,610.00 $3.00 $5,820.00 $5.50 $10,670.00 $2.50 $4,850.00 $7.00 $13,580.00 29.Seasonal Hydromulch seeding along Roanoke Road N., complete in-place for;1,940 S.Y.$0.53 $1,028.20 $2.06 $3,996.40 $0.50 $970.00 $0.80 $1,552.00 $0.30 $582.00 30.Truck watering to establish vegetation/ growth of seed/sod along Roanoke Road N., complete for;2 Wk $2,700.00 $5,400.00 $1,000.00 $2,000.00 $2,500.00 $5,000.00 $3,300.00 $6,600.00 $2,300.00 $4,600.00 31.Silt fence along Roanoke Road N., complete in-place for;1,500 L.F.$2.50 $3,750.00 $1.50 $2,250.00 $2.50 $3,750.00 $1.30 $1,950.00 $1.40 $2,100.00 32.Stone Outlet Sediment Trap for Roanoke Road N., complete in-place for;6 Ea $320.00 $1,920.00 $300.00 $1,800.00 $35.00 $210.00 $132.00 $792.00 $145.00 $870.00 33.Provide Excelsior wattles or approved equal, along Roanoke Road N., complete in- place 8 Ea $100.00 $800.00 $150.00 $1,200.00 $100.00 $800.00 $27.00 $216.00 $110.00 $880.00 34.Install Double 4'x4' Reinforced Box Culvert w/headwalls, including trenching, bedding and backfill, complete for Roanoke Road N., complete in-place for;36 L.F.$900.00 $32,400.00 $942.00 $33,912.00 $1,250.00 $45,000.00 $1,050.00 $37,800.00 $411.00 $14,796.00 35.Traffic Control for Roanoke Road N., complete in-place for;1 L.S.$3,000.00 $3,000.00 $7,000.00 $7,000.00 $3,500.00 $3,500.00 $4,500.00 $4,500.00 $5,500.00 $5,500.00 36.CIP Project sign (4'x8') for Roanoke Road N., (Refer to detail), furnished and installed, complete in-place for;1 Ea $400.00 $400.00 $400.00 $400.00 $450.00 $450.00 $385.00 $385.00 $850.00 $850.00 $130,222.20 $125,447.15 $138,627.00 $139,205.50 $114,330.50 CONTRACTOR'S AMOUNT BID TABULATION Base Project #2 - Roanoke Road N. of S.H. 170 Item No.Description Qty.Unit Peachtree Const. $125,447.78 $138,627.00 $139,205.50 $114,330.50 JAGOE-Public Co. Note: The yellow highlighted areas are where the contractor had an error. $130,222.20 Town of Westlake 2012 CIP Paving Project Stagecoach Circle, Thornton Drive, Janet Court, Steve Court, and Roanoke Road N. of S.H. 170 Bids Opened February 16, 2012 at 11:00 a.m. C.E. Cook and Sons The Lane Construction 2L Construction Subtotal for Base Project #2 Page 3 Item 3g1 BID TABULATION-Westlake 2012 CIP Stagecoach Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 37.Preparation and Implementation of a Storm Water Pollution Prevention Plan, including inspections, complete in-place for;1 L.S.$3,000.00 $3,000.00 $1,000.00 $1,000.00 $750.00 $750.00 $660.00 $660.00 $1,200.00 $1,200.00 38.Payment and Perfomance Bond, complete for;1 L.S.$6,000.00 $6,000.00 $6,000.00 $6,000.00 $3,500.00 $3,500.00 $6,600.00 $6,600.00 $10,000.00 $10,000.00 39.2-year 20% Maintenance Bond, complete for;1 L.S.$3,000.00 $3,000.00 $1,500.00 $1,500.00 $175.00 $175.00 $2,290.00 $2,290.00 $1,000.00 $1,000.00 $12,000.00 $8,500.00 $4,425.00 $9,550.00 $12,200.00 CONTRACTOR'S AMOUNT $506,546.30$486,641.26Total Base Project Cost $553,162.60 Unit Peachtree Const.C.E. Cook and Sons The Lane Construction 2L Construction $556,384.75 Subtotal for Miscellaneous Items Miscellaneous Items $556,384.75 $539,789.70 $553,162.60 BID TABULATION Town of Westlake JAGOE-Public Co. $539,376.45 Note: The yellow highlighted areas are where the contractor had an error.$486,641.26 $506,546.93 2012 CIP Paving Project Stagecoach Circle, Thornton Drive, Janet Court, Steve Court, and Roanoke Road N. of S.H. 170 Bids Opened February 16, 2012 at 11:00 a.m. Item No.Description Qty. Page 4 Item 3g1 BID TABULATION-Westlake 2012 CIP Stagecoach Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost A1. Demolition of existing pavement and mixing with cement for a subgrade to provide an 8" thick stabilized road base on Roanoke Road N. which shall include all labor, materials and equipment, complete in-place 1,065 S.Y.$6.10 $6,496.50 $4.55 $4,845.75 $6.50 $6,922.50 $11.00 $11,715.00 $3.00 $3,195.00 A2. Cement for stabilization (40 lb/SY) on Roanoke Road N. which shall include furnish and installation, complete in-place 21.3 TN.$110.00 $2,343.00 $90.00 $1,917.00 $110.00 $2,343.00 $115.00 $2,449.50 $125.00 $2,662.50 A3. Furnish and installation of 5" HMAC (3" HMAC Type "B" and 2" Type "D" surface course) on Roanoke Road N., complete in-place 990 S.Y.$17.50 $17,325.00 $21.43 $21,215.70 $18.00 $17,820.00 $24.00 $23,760.00 $24.15 $23,908.50 A4.Unclassified Excavation and Re-grading along Roanoke Road N., complete in-place 310 C.Y.$30.00 $9,300.00 $25.00 $7,750.00 $9.00 $2,790.00 $29.00 $8,990.00 $20.00 $6,200.00 A5.Clean out existing driveway culverts along Roanoke Road N., complete in-place 1 EA.$105.00 $105.00 $100.00 $100.00 $100.00 $100.00 $265.00 $265.00 $320.00 $320.00 A6. Remove and replace existing driveway approaches along Roanoke Road N., complete in-place 1 EA.$160.00 $160.00 $750.00 $750.00 $200.00 $200.00 $3,200.00 $3,200.00 $5,500.00 $5,500.00 A7.Topsoil roadway edge dressing for Roanoke Road N., complete in-place 1,050 S.Y.$6.50 $6,825.00 $3.00 $3,150.00 $5.50 $5,775.00 $4.00 $4,200.00 $7.00 $7,350.00 A8.Seasonal Hydromulch Seeding along Roanoke Road N., complete in-place 1,050 S.Y.$0.53 $556.50 $2.06 $2,163.00 $0.50 $525.00 $0.80 $840.00 $0.30 $315.00 A9. Truck watering to establish vegetation/growth of seed/sod along Roanoke Road N., complete 2 Wk.$2,700.00 $5,400.00 $1,000.00 $2,000.00 $1,000.00 $2,000.00 $3,300.00 $6,600.00 $2,300.00 $4,600.00 A10.Silt fence along Roanoke Road N., complete in-place 1,000 L.F.$2.30 $2,300.00 $1.50 $1,500.00 $2.50 $2,500.00 $1.50 $1,500.00 $1.40 $1,400.00 A11.Stone outlet sediment trap for Roanoke Road N., complete in-place 2 EA.$330.00 $660.00 $300.00 $600.00 $35.00 $70.00 $132.00 $264.00 $145.00 $290.00 A12. Provide Excelsior wattles or approved equal, along Roanoke Road N., complete in- place 6 EA.$100.00 $600.00 $150.00 $900.00 $100.00 $600.00 $27.00 $162.00 $110.00 $660.00 A13.Curb inlet protection for Roanoke Road N., complete in-place 2 EA.$225.00 $450.00 $100.00 $200.00 $225.00 $450.00 $60.00 $120.00 $75.00 $150.00 $52,521.00 $47,091.45 $42,095.50 $64,065.50 $56,551.00 CONTRACTOR'S AMOUNT The Lane Construction 2L ConstructionItem No.Description Qty.Unit Peachtree Const.C.E. Cook and Sons Stagecoach Circle, Thornton Drive, Janet Court, Steve Court, and Roanoke Road N. of S.H. 170 Bids Opened February 16, 2012 at 11:00 a.m. Alternate #1 Subtotal for Base Project #1 Alternate No. 1 $56,551.00 Note: The yellow highlighted areas are where the contractor had an error. $52,521.00 $42,095.00 $64,065.50$47,091.45 JAGOE-Public Co. Town of Westlake 2012 CIP Paving Project BID TABULATION Page 5 Item 3g1 BID TABULATION-Westlake 2012 CIP Stagecoach Yes Yes Yes Yes Yes CONTRACTOR'S AMOUNT Total Alternate No. 1 Project Cost $52,521.00 $47,091.45 $42,095.50 $56,551.00 2012 CIP Paving Project Stagecoach Circle, Thornton Drive, Janet Court, Steve Court, and Roanoke Road N. of S.H. 170 Y/N $609,713.60 $598,480.25 $609,713.60$539,162.26 $539,162.26 $556,384.75$486,641.26 $506,546.30 $553,638.38 $598,480.25 $603,855.20 Total Base Project & Alternate No. 1 Project Cost $553,637.75 Note: The yellow highlighted areas are where the contractor had an error. $553,162.60 BID TABULATION Town of Westlake Bids Opened February 16, 2012 at 11:00 a.m. $539,376.45 $64,065.50 SUMMARY PAGE Total Base Project Cost Bid Bond Received $603,441.95 Resolution 12-07 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 12-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH PEACHTREE CONSTRUCTION FOR STAGECOACH HILLS AND ROANOKE ROAD PAVING AND DRAINAGE CONSTRUCTION RELATED TO THE ADOPTED CAPITAL IMPROVEMENT PLAN. WHEREAS, Westlake desires to provide residents and commuters with safe streets adequate drainage; and WHEREAS, the Town Council finds that the proposed construction provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with Peachtree Construction in the amount of $486,641.26, for the paving and drainage improvements, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 12-07 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY 2012. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 3 TOWN COUNCIL AGENDA ITEM Department: Town Manager Meeting Date: February 27, 2012 Staff Contact: Tom Brymer, Town Manager Discussion Subject: Consideration of a Resolution Approving an Economic Development Agreement Between the Town of Westlake and the Marriott Solana Hotel and a Budget Amendment to Fund Said Agreement. EXECUTIVE SUMMARY This proposed twelve (12) month economic development grant agreement is in the amount of $110,000. The total amount is $20,000 higher than the 10-11 agreement, however, its contract terms are largely the same as the grant agreement approved last year by the Town Council (which is about to expire). If approved, this would be the third consecutive year that the Town has partnered with the Marriott Solana Hotel via a two (2) component economic development agreement (prior to 3 years ago, the Town participated in only the Hotel’s shuttle bus system costs). There are two (2) components to this proposed economic development grant that would disburse hotel/motel occupancy tax funds from the Town to the Marriott Solana. They are: • Shuttle Bus Transportation Cost Participation. An amount of $70,000 is proposed for the Town’s participation in a portion of the operating cost of Marriott providing shuttle bus service to its guests. Marriott Solana management has shared with Council in previous meetings the importance this shuttle bus service has to this property maintaining its competitive position in the local market, particularly competing with the Hilton at Southlake Town Center and the Marriott at the Texas World Speedway. Marriot Solana management has emphasized repeatedly to Council that this shuttle bus service is essential for this property to succeed; both in terms of keeping its existing business bookings and in terms of growing its income stream by marketing to new businesses. In addition to providing shuttle services to and from DFW airport for Marriott Solana guests, this bus service also provides hotel guests with transportation to area shopping/entert ainment venues (Southlake Town Center) and corporate training centers. According to the Marriott Solana’s manager, this shuttle bus service has a total annual operating cost of approximately $443,602. This portion of the grant amount of has been increased by $10,000 from the previous grant amount of $60,000 due to increased operating costs. • Group Business Incentive Program. An amount of $40,000 is proposed for what would be the third year of this program, which is $10,000 more than the 11-12 agreement. Town Staff worked with the Marriott Solana Hotel manager on this economic development agreement modeled after a similar successful program in the Town of Addison, Texas. This program allows the Marriott Solana to discount their room rates and/or services in order to generate new group business and/or, under certain circumstances, maintain existing group business (see Exhibit C to the grant agreement Page 2 of 3 below for details. Unlike the previous two agreements with the Marriott Solana, this one would create a two-tiered approach to the group booking incentive with the following program minimums and incentives: o Proposed group business shall book a minimum of $30,000 in room revenue per program to be considered eligible for $5,000 in group incentive funds. (FY 11-12 Budget of $30,000). o Proposed group business shall book a minimum of $15,000 in room revenue per program to be considered eligible for $2,500 in group incentive funds. (FY 11-12 Budget of $10,000). The Town Council adopted an economic development policy in 2006 (Resolution 06-19). This proposed agreement comports to that policy. Further, this economic development agreement fits with the Town’s Adopted Strategic Plan Vision Points (see below). This proposed grant agreement would be a reinvestment in t he tourist sector of the Town’s economic development efforts (an allowed use under State law for these hotel occupancy tax funds) which will allow the Marriott Solana to more effectively compete in a recovering, but still very competitive hotel market. This proposed agreement continues the requirement for performance measures to be included in required quarterly reports submitted by the Marriott Solana to the Town. These reports will be important for evaluating the success and impact of this economic development grant on: 1.) maintaining this important Town revenue stream and 2.) growing this revenue stream in a challenging and highly competitive economic environment. In is important to recognize that, under State law, this is a grant of public dollars for economic development purposes. As such, this agreement also includes “claw back” provisions that, should the Town determine that the Marriott has not spent these grant funds for their intended purpose, the Town can require that those funds be repaid with interest. Additionally, if it is determined that the group business program is not achieving its objective, the Staff will notify both the hotel’s management and the Council to take steps to address its performance or recommend the program not be renewed upon expiration of the grant agreement , although this has not been the case to date. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence • This agreement moves the Town toward its Strategic Plan Vision Point of Service Excellence. • In the Strategic Issues format of our Strategic Plan, this agreement with the Marriott Solana meshes with the Strategic Issue of Financial Stewardship and Organizational Effectiveness. • One of the Staff Actions under this Strategic issue is to maximize service provision seeking partnerships in a number of areas, including economic development. This Page 3 of 3 agreement helps build such a partnership. • This agreement also fits within the Town’s Strategy Map under Financial Stewardship measured by the Strategic Outcome of Sustain Fiscal Health. FISCAL IMPACT Funded Not Funded N/A Note: If the attached resolution is adopted, the FY 11-12 Visitors Fund Budget would be amended by $20,000 so that this grant agreement is fully funded at $110,000 (i.e. funds for this Agreement were budgeted at the $90,000 level in the Town Council Approved ’11-12 Visitors Fund Budget). Funds are available in that Fund to cover this $110,000 economic development agreement with the Marriott Solana. The Town receives 7% of the 13% hotel/motel occupancy tax allowed by State law. The FY 11- 12 Budget contains an estimate that the Town will receive $535,000 in the current fiscal year in the Visitors Association Fund. This represents 5.8% of the total Town municipal revenue stream and is derived totally from the Town’s only hotel, the Marrio tt Solana. For that reason, it is important for the Town to take a strategic approach in maintaining and possibly growing this funding stream. In the past, the Town has utilized hotel/motel occupancy tax funds for many important programs including funding costs related to special events such as Arbor Day, Decoration Day, as well as the MasterWorks outdoor concert series at Solana. Additionally, because Westlake has broader statutory authority under State law than most cities to spend hotel/motel occupancy tax funds for any municipal purpose, the Town has used these funds to cover costs of various municipal operational costs and capital projects (an example would be payment of a portion of the debt service for Westlake Academy related bonds). RECOMMENDATION / ACTION REQUESTED/ OPTIONS Recommend adoption of the resolution approving this economic development grant agreement as it comports to our Strategic Plan and our Town Council adopted Economic Development Policies. ATTACHMENTS 1. Resolution Approving this Economic Development Grant Agreement between the Town and the Marriott Solana as well as said Economic Development Agreement between the Town of Westlake and the Marriott Solana. Resolution 12-08 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 12-08 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH THE MARRIOTT SOLANA AND A FY 11-12 BUDGET AMENDMENT TO FUND SAME. WHEREAS, the Westlake Town Council, in its current Strategic Plan, has identified “Service Excellence” as a Vision Point for that Strategic Plan as well as Financial Stewardship as a Strategic Issue that must be addressed to move the Town towards this Vision Point; and, WHEREAS, the Town of Westlake sales and use taxes are an important revenue source to support its general operations; and, WHEREAS, the Town Council desires to have new and existing businesses that maintain and grow their sales and use tax streams, which in turn, enhances the Town’s financial position and sustainability per its Strategic Plan; and WHEREAS, the Town Council acknowledges t hat the Town’s Visitors Association Fund is a key component of its financial structure and that an economic development grant to the Marriot t Solana Hotel will help solidify and maintain that structure; and, WHEREAS, Town has an economic development policy adopted by Resolution 06-19 and that this proposed economic development agreement with the Marriott Solana meets those policy guidelines and meets the requirements of State law for municipalities to grant 380 economic development grants to businesses located in their boundaries; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citize ns of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. THAT, the Town Council of the Town of Westlake, Texas, hereby approves the Economic Development Grant Agreement with the Marriott Solana attached hereto as Exhibit “A” as well as approves a budget amendment to the Town’s FY 11-12 Visitors Association Fund by increasing expenditures for this program by $20,000; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake. Resolution 12-08 Page 2 of 2 PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY, 2012. _____________________________ Laura Wheat, Mayor ATTEST: ________________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ Stan Lowry, Town Attorney Page 1 of 11 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT (“Agreement”) is entered into by and between the TOWN OF WESTLAKE, TEXAS (the “Town”), a Type-A general law municipal corporation organized under the laws of the State of Texas, and MARRIOTT HOTEL SERVICES, INC. D/B/A DALLAS/FT.WORTH MARRIOTT SOLANA, (“Marriott:), a Hotel. The Town and Marriott are collectively referred to as the “Parties”. RECITALS The Town and Marriott hereby agree that the following statements are true and correct and constitute the basis upon which the Town and Marriott have entered into this Agreement: A. Marrio tt owns and operates a 294 (288 plus 6 suites) room, full-service hotel located at 5 Village Circle, Westlake, Texas,(the “Hotel”) The Hotel provides a valuable catalyst for visitors, tourism, and economic development to the Town. B. In order to increase visitors and tourism, and to maximize the economic benefits that the Hotel can bring to the Town, the Town and Marriott desire to enter into this Agreement. C. In accordance with Resolution No. 06-19, adopted by the Town Council on May 8, 2006, attached hereto as Exhibit “A” and hereby made a part of this Agreement for all purposes, the Town has established an economic development incentive policy and program pursuant to which the Town will, on a case-by-case basis, offer economic incentive packages authorized by Chapter 380 of the Texas Local Government Code, Article III, Section 52-a of the Texas Constitution, and other applicable laws, that include monetary loans and grants of public money, as well as the provision of personnel and services of the Town, to businesses and entities that the Town Council determines will promote State or local economic development and stimulate business and commercial activity in the Town in return for verifiable commitments from such businesses or entities to cause specific infrastructure, employment and other public benefits to be made or invested in the Town (the “380 Program”). D. The Town Council has determined that by entering into this Agreement, the potential increase of visitors and tourism and economic benefits that will accrue to the Town under the terms and conditions of this Agreement are consistent with the Town’s economic development objectives and the 380 Program and will further t he goals for positive economic growth, visitors and tourism in the Town. This Agreement is authorized by Chapter 380 of the Texas Local Government Code and the 380 Program. Page 2 of 11 NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The Town Council has found at a duly-called and legally-noticed public meeting through the adoption of Town Resolution No. 12-, attached hereto as Exhibit “B” and hereby made a part of this Agreement for all purposes, and the Town and Marriott hereby agree, that the recitals set forth above are incorporated herein and true and correct and form the basis upon which the Parties have entered into this Agreement. 2. DEFINITIONS. In addition to terms defined in the body of this Agreement, the following terms shall have the definitions ascribed to them as follows: 380 Program has the meaning ascribed to it in Recital C. Affiliate means all entities, incorporated or otherwise, under common control with, controlled by or controlling Marriott . For purposes of this definition, “control” means fifty percent (50%) or more of the ownership determined by either value or vote. Program Grants means the annual allowable economic development grants paid (whether in one or multiple installments) by the Town to Marriott in accordance with this Agreement and as part of the 380 Program. Program Source Funds means an amount of Town funds legally available for inclusio n in a Program Grant that is payable to Marriott in a given Program Year, which shall be derived from hotel occupancy taxes generated by the Hotel and received by the Town pursuant to Chapter 351 of the Texas Tax Code, or other legally available funds of the Town. Program Year means the Town’s fiscal year (i.e. October 1 through September 30th) in which the Town is obligated pursuant to this Agreement to pay Marriott a Program Grant, beginning with the first full calendar year following the execution of this Agreement. Quarterly Report has the meaning ascribed to it in Section 4.2. Records have the meaning ascribed to it in Section 4.3. Term has the meaning ascribed to it in Section 3. Page 3 of 11 Town of Westlake Hotel Support Program has the meaning ascribed to it in Section 4.1. 3. TERM. This Agreement shall be effective as of the date of execution by the Parties (the “Effective Date”) and, unless terminated earlier in accordance with this Agreement, shall expire one (1) year from the Execution Date. 4. TOWN AND MARRIOTT’S OBLIGATIONS AND COMMITMENTS. 4.1. Town of Westlake Hotel Support Program The total amount to be granted by the Town to Marriott under the terms of this Agreement for the Town of Westlake Hotel Support Program shall not exceed $110,000 wit h said Town of Westlake Hotel Support Program, consisting of the following two (2) components: (a.) Group Booking Incentives, the requirements for which are attached hereto as Exhibit “C” and hereby made a part of this Agreement for all purposes (the “Hotel Support Agreement”) and details the obligations of Marriott to receive, and the Town to grant, the Program Grants from the Program Source Funds during the Program Year related to group bookings at the Hotel. The purpose of this component of the Town’s Hotel Support Program shall be to increase new group bookings for the Hotel and to not incur a decrease in overall group meeting business (i.e. all group bookings at the Hotel both of new group business and repeat group business), thus increasing economic development through tourism and business development activity in the Town. The Group Booking Incentives provided by the Town under this Agreement to the Hotel shall not exceed $40,000 during the term of this Agreement. (b.) Transportation Costs, for which a total sum of $70,000 shall be provided by the Town under this Agreement to cover a portion of the operating cost for bus transportation services provided by the Marriott for guests of the Hotel. Funds disbursed by the Town under this component of the Town’s Hotel Support Program shall be made at the end of each Town fiscal year quarter following submission by Marriott , and acceptance by the Town, of the Quarterly Report for the preceding quarter. The purpose of this component of the Town’s Hotel Support Program is to enhance the Marriott’s ability to increase room nights and retain existing room nights at the Hotel (as reported in Section 4.2 below), thus increasing economic development through tourism and business development activity in the Town. At all times during the term, the name Page 4 of 11 “Westlake, Texas” shall be visibly reflected and marked on both sides of any shuttle buses or vehicles used by the Hotel. 4.2. Reports and Filings. On a quarterly basis during the Term, Marriott shall submit a wr itten report to the Town specifically delineating its compliance with this Agreement (the “Quarterly Report”). The Quarterly Report shall be received by the Town Manager no later than thirty (30) days from the end of each quarter. Said Quarterly Report will contain, as a minimum, the following performance measure information for the reporting period in order for the Town to measure the effectiveness of its investment in this grant of public funds to Marriott for this Hotel: • Total funds paid to date aggregate under this Agreement during the contract term to Marriott for both components (shuttle bus and group incentives) of the Town’s Hotel Support Program described in Section 4.1 of this Agreement • Total funds spent to date by Marriott separated by component for the activities and purposes set out in Section 4.1(a) and 4.1(b) of this Agreement • Increases in average daily occupancy at the Hotel • Decreases in average daily occupancy at the Hotel • Number of room nights generated by new group bookings at the Hotel • Number of room nights generated by repeat group business bookings at the Hotel • Average number of bus transportation trips daily to DFW Airport for guests at the Hotel • Average number of bus transportation trips daily to off-premise meeting locations for guests at the Hotel • Average number of bus transportation trips daily to other off- premise locations (entertainment, shopping, etc) for guests at the Hotel • Operating costs incurred by the Hotel during the quarter for shuttle bus transportation services • The nu mber of new group bookings made for the Hotel during the reporting period and the number of repeat group business bookings made for the Hotel during the reporting period. • A brief description of marketing/sales efforts made during the reporting period for t he Hotel including:  the number and type of new group sales prospects identified, targeted, and group sales closed by Marriott sales staff during the reporting period  the number and type of new group sales made by contacts from outside the Hotel Marriott Page 5 of 11 4.3. Audits. Per the requirements of State law and the Town ordinance establishing the Town’s hotel-motel occupancy tax, the Town will have the right throughout the Term to audit any and all financial and business records of Marriott that relate to the performance of this Agreement and any other documents necessary to evaluate Marriott ’s compliance with this Agreement or with the goals set forth in this Agreement, including, but not limited to construction documents and invoices (collectively “Records”). Marriott shall make all Records available to the Town at the Hotel or at another location in the Town acceptable to both parties following reasonable advance notice by the Town and shall otherwise cooperate fully with the Town during any audit. 5. DEFAULT, TERMINATION AND FAILURE BY MARRIOTT TO MEET VARIOUS DEADLINES AND COMMITMENTS. 5.1. Continuous Operation. Following the Completion Date, if Marriott fails to continuously operate a full-service hotel at 5 Village Circle, Westlake, Texas, 76262, the Town shall have the right to terminate this Agreement by providing written notice to Marriott without further obligation to Marriott hereunder. 5.2. Failure to Pay Town Taxes or Fees. An event of default shall occur under this Agreement if any legally- imposed Town taxes or fees owed on, or generated by, the hotel become delinquent and Marriott or the Affiliate does not either pay such taxes or follow the legal procedures for protest and/or contest of any such taxes. In this event, the Town shall notify Marriott in writing and Marriott shall have sixty (60) calendar days to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to it under the law or in equity. 5.3 Violations of Town Code, State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Marriott or an Affiliate due to the occurrence of a violation of a material provision of the Town Code at the Hotel (including, without limitation, any violation of the Town’s Building or Fire Codes and any other Town Code violations related to the environmental condition of the Hotel; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the Town is notified by a governmental agency or unit with appropriate jurisdiction that Marriott or an Affiliate, or any successor in interest Page 6 of 11 thereto, any third party with access to the Hotel pursuant to the express or implied permission of Marriott or an Affiliate, or any a successor in interest thereto, is in violation of any material state or federal law, rule or regulation on account of the Hotel, improvements on the Hotel or any operations thereon (including, without limitation, any violations related to the environmental condition of the Hotel; the environmental condition other land or waters which is attributable to operations on the Hotel; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the Town shall notify Marriott in writing and Marriott shall have (i) thirty (30) calendar days to cure such default or (ii) if Marriott has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the Town reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to under the law or in equity. 5.4. Unauthorized Use of Funds and Requirement for Repayment to Town. If, during an audit by the Town under the provisions of this Agreement , the Town determines that the proceeds of this grant have not been utilized by Marriott for the purposes outlined in this Agreement, Marriott will be given thirty (30) calendar days to cure (following written notice from the Town) and, if Marriott fails to cure per the written notice from the Town, Marriott shall immediately remit to the Town the entire amount under this Agreement paid by the Town to Marriott during the reporting period during which the Town has identified that Marriott was not in compliance with the terms of this Agreement. If said amount is not remitted to the Town within 30 calendar days from the end of the cure period, that amount demanded for repayment to the Town plus six (6) percent simple interest on the repayment amount shall be due, in full, to the Town. For the purposes of this Section, Simple Interest” is defined as a rate of interest applied to the aggregate amount of the Program Grants paid by the Town to Marriott during the reporting period in which Marriott was in violation of this Agreement. 5.5. Failure to Submit Reports. Without limiting the application of Section 5.6, if Marriott fails to submit any report required by and in accordance with Section 4.2, the Town’s obligation to pay any Program Grants at the time, if any, shall be suspended until Marriott has provided and is current on all reports. 5.6. General Breach. Unless stated elsewhere in this Agreement, Marriott shall be in default under this Agreement if Marriott breaches any term or condition of this Agreement. In the event that such breach remains uncured after thirty (30) Page 7 of 11 calendar days following receipt of written notice from the Town referencing this Agreement (or, if Marriott has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both parties mutually and in good faith), the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott . 6. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP. It is expressly understood and agreed that Marriott shall not operate as an independent contractor or as an agent, representative or employee of the Town. Marriott shall have the exclusive right to control all details and day-to-day operations relative to the Hotel Support Program and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Marriott acknowledges that the doctrine of respondeat superior will not apply as between the Town and Marriott , its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Marriott further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the Town and Marriott . 7. INDEMNIFICATION. MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS, ATTORNEYS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO MARRIOTT’ BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) MARRIOTT’ BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF MARRIOTT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING FROM OPERATION AND CONDUCT OF THE HOTEL SUPPORT PROGRAM OR OTHERWISE TO THE PERFORMANCE OR OBLIGATIONS OF THIS AGREEMENT. 8. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: Page 8 of 11 Town: Marriott: Town of Westlake _______________________________ Attn: Town Manager _______________________________ 3 Village Circle, #202 _______________________________ Westlake, Texas 76262 ____________________________________ With Copies to (which shall not constitute notice): Boyle & Lowry, L.L.P. Attn: L. Stanton Lowry 4201 Wingren Dr., Suite 108 Irving, Texas 75062 9. ASSIGNMENT AND SUCCESSORS. Marriott may at any time assign, transfer or otherwise convey any of its rights or obligations under this Agreement to an Affiliate without the approval of the Town so long as Marriott , the Affiliate and the Town first execute an agreement approved by the Town Council of the Town of Westlake under which the Affiliate agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Otherwise, Marriott may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any other person or entity without the prior consent of the Town Council, conditioned on (i) the prior approval of the assignee or successor and a finding by the Town Council that the proposed assignee or successor is financially capable of meeting the terms and conditions of this Agreement and (ii) prior execution by the proposed assignee or successor of a written agreement with the Town under which the proposed assignee or successor agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Any attempted assignment without the Town Council’s prior consent shall constitute a breach and be grounds for termination of this Agreement and following receipt of written notice from the Town to Marriott. Any lawful assignee or successor in interest of Marriott of all rights under this Agreement shall be deemed “Marriott” for all purposes under this Agreement. 10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. This Agreement will be subject to all applicable Federal, State and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the Town’s codes and ordinances, as amended. 11. GOVERNMENTAL POWERS. Page 9 of 11 It is understood that by execution of this Agreement, the Town does not waive or surrender any of it governmental powers or immunities that are outside of the terms, obligations, and conditions of this Agreement . 12. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party’s right to insist upon appropriate performance or to assert any such right on any future occasion. 13. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas – Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 14. NO THIRD PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the Town and Marriott , and any lawful assign or successor of Marriott , and are not intended to create any rights, contractual or otherwise, to any other person or entity. 15. FORCE MAJEURE. It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, or other circumstances which are reasonably beyond the control or knowledge of the p arty obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such requirement shall be extended for a period of time equal to the period such party was delayed. Notwithstanding anything to the contrary herein, it is specifically understood and agreed that Marriott’ failure to obtain adequate financing to complete the Required Improvements by the Completion Deadline shall not be deemed to be an event of force majeure and that this Section 15 shall not operate to extend the Completion Deadline in such an event. 16. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. Page 10 of 11 17. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Parties that sections, paragraphs, clauses and phrases of this Agreement are severable, and if any phrase, clause, sentence, paragraph or section of this Agreement 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 Agreement since the same would have been executed by the Parties without the incorporation in this Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. It is the intent of the Parties to provide the economic incentives contained in this Agreement by all lawful means. 18. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 19. ENTIRETY OF AGREEMENT. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the Town and Marriott , and any lawful assign and successor of Marriott , as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be amended unless executed in writing by both parties and approved by the Town Council of the Town in an open meeting held in accordance with Chapter 551 of the Texas Government Code. 20. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. EXECUTED as of the last date indicated below: TOWN OF WESTLAKE: _______________________________ _______________________________ a Texas_________________________ By: By: Thomas E. Brymer _____________________________ Town Manager _____________________________ Date: Date: Page 11 of 11 APPROVED AS TO FORM AND LEGALITY: By: L. Stanton Lowry Town Attorney EXHIBITS “A” – Town of Westlake Resolution No. 06-19 “B” – Town of Westlake Resolution No. 12- “C” – Town of Westlake Hotel Support Program re: Group Booking Incentives for 2012-2013 H:\Boyle-Lowry\BEDFORD\bfd-agreements\wl-agr econ dev agr Marriott.DOC Resolution 10-02 Attachment “C” 2012-13 TOWN OF WESTLAKE HOTEL SUPPORT PROGRAM GROUP INCENTIVES Description: A Town of Westlake cooperative marketing program designed to assi st the Dallas/Fort Worth Marriott Solana Hotel (Hotel) in bringing group business to Westlake. The groups eligible for incentives under this program shall be new business or, under certain restrictions, groups that have previously stayed at the Hotel , but are considering other hotels in the area. Through this program, the Town of Westlake and the Hotel share in providing hospitality lodging and amenities that will encourage groups to choose Westlake as their destination. Guidelines:  Requests for incentive funds shall be submitted for approval by the Hotel to the Town prior to the Hotel submitting a bid for the group business under this program. Under no circumstances shall incentive funds from this program be offered a fter a group has made their decision t o book at the Hotel.  Applications submitted for groups for which the Hotel wishes to utilize this group business incentive must be accepted by the Hotel’s Sales Manager for group business that will take place in the current fiscal year or future years.  An application for group business under this agreement may not be booked by the same organization more than twice in an eighteen (18) consecutive month period without prior approval from the Town of Westlake Town Manager. Generally preference will be given for group business incentives to attract new group business to the Hotel.  A two-tiered program approach will be applied to the incentive program with the following minimums and incentives per program: o Proposed group business shall book a minimum of $30,000 in room revenue per program to be considered eligible for $5,000 in group incentive funds. (FY 11-12 Budget of $30,000) o Proposed group business shall book a minimum of $15,000 in room revenue per program to be considered eligible for $2,500 in group incentive funds. (FY 11-12 Budget of $10,000)  For groups receiving the benefit of this group incentive under this program, the Town of Westlake shall receive sponsor recognition in all correspondence and at the group meeting/convention in an appropriate manner. Procedures:  The Application shall include, as a minimum, the following information before it will be reviewed by the General Manager in preparation for submittal to the Town of Westlake: o Hotel Information: Date of Application, Sales Manager, and Phone Number. o Group Information: Group Name, Contact Name, Address, Phone Number, Program Dates, Estimated Rooms Nights, Estimated Room Night Revenue, Estimated Catering Revenue, Estimated Outlet Revenue. o Signatures: The Application shall be signed by t he hotel Sales Manager and Hotel Manager prior to it being submitted to the Town for approval. The Application shall be approved by the Town VISITOR SERVICES (817) 430-0941 – Fax (817) 430-1812 3 Village Circle Suite #202 Westlake, TX 76262 Page 2 of 2 Town of Westlake Hotel Support Program Manager for the Town of Westlake within forty-eight (48) hours of the application date, provid ed that all of the requested information is received.  Once the Application has been approved by the Town , a confirmation email will be sent by the Town Manager or his designate to the Sales Manager of the hotel confirming the incentive amount. o Since funds are reserved for every Application that is approved, the Hotel shall inform the Town of Westlake in its quarterly r eport required in its economic grant agreement with the Town of amount on said efforts. Said report will contain information and be in a format as required by the Town of Westlake. This Quarterly Report Town shall be sent to: Town Manager Town of Westlake 3 Village Circle Suite #202 Westlake, TX 76262 817-430-0941 817-430-1812 FAX Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Town Manager Meeting Date: February 27, 2012 Staff Contact: Tom Brymer Consent Town Manager Subject: Consideration and Discussion of a Resolution Suspending Atmos Energy Corporation’s Mid-Tex Division Requested Rate Change to Permit the Town Time to Study the Request and to Establish Reasonable Rates. EXECUTIVE SUMMARY Most municipalities have retained original jurisdiction over gas utility rates and services within their corporate limits. The Atmos C ities Steering Committee ("ACSC") is composed of municipalities, including Westlake, in the service area of Atmos Energy Corporation, Mid-Tex Division regardless of whether original jurisdiction has been retained. Atmos is a monopoly public utility provider of natural gas. Because Atmos has no competitors, regulation of the rates it charges its customers in the only way that cities can insure that natural gas rates are equitable and competitive. Working as a coalition to review the rates charged by Atmos allows cities to accomplish more collectively than each city could do acting alone. Cities have more than 100 years experience in regulating natural gas rates in Texas. Rates cannot change and a Settlement Agreement with Atmos Mid-Tex cannot be implemented without passage of rate ordinances by cities. Atmos Mid -Tex filed a Statement of Intent on January 31, 2012, seeking to increase system-wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%. However, the Company is requesting an increase of 13.6%, excluding gas costs, for its residential customers. Additionally, the application would change the way that rates are collected, by increasing the residential fixed-monthly (or customer) charge from $7.50 to $18.00 and decreasing the consumption charge from $0.25 per 100 cubic feet (“ccf”) to $0.07 per ccf. The law provides that a rate request made by a gas utility cannot become effective until at least 35 days following the filing of the application to change rates. Atmos has proposed an effective date of March 6, 2012. The law permits the Town to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the Town fails to take some action regarding the filing before the effective date, Atmos’ rate request is deemed administratively approved. The purpose of the resolution is to extend the effective date of Atmos Mid-Tex’s proposed rate increase to give the Town time to review the rate-filing package. The resolution suspends the March 6, 2012 effective date of the Company’s rate increase for the maximum period permitted by law to allow the Town, working in conjunction with the other ACSC cities, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy to pursue, including settlement and ultimately to approve reasonable rates. Page 2 of 2 APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence FISCAL IMPACT Funded Not Funded N/A Note: Fiscal impact to Atmos customers in Westlake of this proposed rate increase is covered in the Executive Summary above. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Town Staff and the ACSC Executive Committee, as well as ACSC lawyers and rate consultants, recommend adoption of this Resolution suspending Atmos Energy Corporation’s Mid-Tex Division requested Rate change to permit the Town time to study the request and to establish reasonable rates. ATTACHMENTS 1.) Staff report on the suspension resolution. 2.) Resolution Suspending This Rate Change Request to Allow the Town Time to Study the Request and to Establish Reasonable Rates for Atmos 3.) Frequently Asked Questions About the ACSC and RRM Rate Making Process 4.) List of ACSC Cities 1790994.1 MODEL STAFF REPORT SUPPORTING RESOLUTION SUSPENDING ATMOS MID-TEX’S PROPOSED MARCH 6, 2012 EFFECTIVE DATE FOR A RATE INCREASE The City, along with approximately 153 other cities served by Atmos Energy Corp., Mid- Tex Division (“Atmos Mid -Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC” or “Steering Committee”). On or about January 31, 2012, Atmos Mid-Tex filed with the City a Statement of Intent to increase rates within the City. Background In 2003, TXU Gas filed a statewide rate case which became known at the Railroad Commission of Texas (“RRC”) as Gas Utilities Docket (“GUD”) No. 9400. That same year the Texas Legislature passed legislation referred to as the Gas Reliability Infrastructure Program (“GRIP”) which authorized annual piecemeal rate reviews that Texas courts have concluded significantly restrict city jurisdiction, participation, and input. Shortly after GUD No. 9400 was decided in 2004, Atmos Energy purchased TXU Gas and created what is known as Atmos Energy Corp., Mid-Tex Division. The City is within the Atmos Mid-Tex Division. Atmos Mid-Tex filed four GRIP cases before filing a traditional rate case in September, 2007. As part of Cities’ Settlement Agreement with Atmos of the 2007 rate case, ACSC and Atmos created a substitute process for annual piecemeal GRIP cases. That substitute process was called a Rate Review Mechanism (“RRM”) and was intended as an expedited but comprehensive rate review that included a number of fixed values and constraints. The RRM was intended as a three-year experiment. Last year, it was extended for a fourth year with some slight modifications to the original formulas. ACSC negotiated with Atmos in the final quarter of last year to further extend the RRM process, but no agreement was reached. Atmos has expressed a desire to reach a settlement of the January 31, 2012 filing that includes a revised RRM process. Enclosed are frequently asked questions (“FAQ”) on ACSC and the RRM ratemaking process. Discussion and Purpose Atmos M id-Tex filed a Statement of Intent on January 31, 2012, seeking to increase system-wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%. However, the Company is requesting an increase of 13.6%, excluding gas costs, for its residential customers. Additionally, the application would change the way that rates are collected, by increasing the residential fixed-monthly (or customer) charge from $7.50 to $18.00 and decreasing the consumption charge from $0.25 per 100 cubic feet (“ccf”) to $0.07 per ccf. The law provides that a rate request made by a gas utility cannot become effective until at least 35 days following the filing of the application to change rates. Atmos has proposed an effective date of March 6, 2012. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the City fails to take some action 1790994.1 regarding the filing before the effective date, Atmos’ rate request is deemed administratively approved. The purpose of the resolution is to extend the effective date of Atmos Mid-Tex’s proposed rate increase to give the City time to review the rate-filing package. The resolution suspends the March 6, 2012 effective date of the Company’s rate increase fo r the maximum period permitted by law to allow the City, working in conjunction with the other ACSC cities, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy to pursue, including settlement and ultimately to approve reasonable rates. Explanation of “Be It Resolved Paragraphs” Section 1. The City is authorized to suspend the rate change for 90 days after the date that the rate change would otherwise be effective so long as the City has a legitimate purpose. Time to study and investigate the application is always a legitimate purpose. Please note that the resolution refers to the suspension period as the “maximum period allowed by law” rather than ending by a specific date. This is because the Company controls the effective date and can extend its effective date and, therefore, extend the deadline for final city action to increase the time that the City retains jurisdiction (for example, if necessary to reach settlement on the case). If the suspension period is not otherwise extended by the Company, the City must take final action on Atmos Mid -Tex’s request to raise rates by June 4, 2012. Section 2. This provision recognizes the City’s membership in ACSC and authorizes the City to part icipate with other similarly situated cities served by Atmos Mid-Tex in order to more efficiently represent the interests of the City and its citizens. Section 3. By law, t he Company must reimburse the cities for their reasonable rate case expenses. Lega l counsel and consultants approved by ACSC will present their invoices to the City of Arlington which will then seek reimbursement from Atmos Mid -Tex. The City will not incur liability for payment of rate case expenses by adopting a suspension resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and that the consideration of the resolution was properly noticed. Section 5. This section provides that both Atmos Mid-Tex’s designated representative and counsel for ACSC will be notified of the City’s action by sending a copy of the approved and signed resolution to certain designated individuals. Recommendation The City Staff recommends adoption of the resolution suspending the effective date of Atmos Mid-Tex’s proposed rate increase. Resolution 12-09 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION NO. 12-09 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, SUSPENDING THE MARCH 6, 2012, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION (“ATMOS MID-TEX”) REQUESTED RATE CHANGE TO PERMIT THE TOWN TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND OTHER CITIES IN THE ATMOS MID-TEX SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES’ RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND ACSC’S LEGAL COUNSEL WHEREAS, on or about January 31, 2012, Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), pursuant to Gas Utility Regulatory Act § 104.102 filed with the Town of Westlake (“Town”) a Statement of Intent to change gas rates in all municipalities exercising original jurisdiction within its Mid-Tex Division service area, effective March 6, 2012; and WHEREAS, the Town is a regulatory authority under the Gas Utility Regulatory Act (“GURA”) and under Chapter 104, §104.001 et seq. of GURA has exclusive original jurisdiction over Atmos Mid-Tex’s rates, operations, and services within the Town; and WHEREAS, in order to maximize the efficient use of resources and expertise, it is reasonable for the Town to maintain its involvement in the Atmos Cities Steering Committee (“ACSC”) and to cooperate with the more than 150 similarly situated city members of ACSC and other city participants in conducting a review of the Company’s application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, Atmos Mid-Tex proposed March 6, 2012, as the effective date for its requested increase in rates; and WHEREAS, it is not possible for the Town to complete its review of Atmos Mid-Tex’s filing by March 6, 2012; and WHEREAS, the Town will need an adequate amount of time to review and evaluate Atmos Mid-Tex’s rate application to enable the Town to adopt a final decision as a local regulatory authority with regard to Atmos Mid-Tex’s requested rate increase; and Resolution 12-09 Page 2 of 3 WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days; and WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the March 6, 2012, effective date of the rate request submitted by Atmos Mid-Tex on January 31, 2012, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. SECTION 2: That the Town is authorized to cooperate with ACSC and its member cities in the Mid-Tex service area and under the direction of the ACSC Executive Committee to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the Town regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the Town or Railroad Commission. SECTION 3: That the Town’s reasonable rate case expenses shall be reimbursed by Atmos. SECTION 4: That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Resolution 12-09 Page 3 of 3 SECTION 5: A copy of this Resolution shall be sent to Atmos, care of David Park, Vice President Rates & Regulatory Affairs, at Atmos Energy Corporation, Mid-Tex Division, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY 2012. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney August 1, 2011 Revised February 1, 2012 FREQUENTLY ASKED QUESTIONS REGARDING ACSC AND THE RRM RATEMAKING PROCESS What is the Role of Cities in Ratemaking? Cities have historically exercised original jurisdiction over the level of gas rates charged within their boundaries. Generally, gas distribution utilities have filed rate cases at the city level and only gone to the Railroad Commission of Texas (“RRC”) with an appeal of city action or if they cannot reach a settlement with cities. If a utility and cities reach an agreement, the utility may then file a case at the RRC to implement the same rates approved by cities in areas outside municipal boundaries. Once a case is at the RRC, the Commission Staff generally expects cities to intervene and do most of the discovery, sponsor opposing witnesses, and do most of the cross-examination and briefing. There is no consumer advocate at the RRC. If cities do not participate in hearings at the RRC, the request of a regulated utility is likely to be rubber-stamped. What is the background to the creation of the Atmos Cities’ Steering Committee? The Atmos pipeline and distribution systems were built, owned and operated by Lone Star Gas (“LSG”) which maintained over 200 rate jurisdictions until it sold its assets to Texas Utilities (“TXU”) in the late 1990’s. That meant that many cities had their own unique distribution rates and that individual cities had to process rate cases at the local level. LSG- Pipeline served all 200-plus distribution systems and pipeline rates were set by the RRC. From the early 1980’s through the late 1990’s, LSG filed no pipeline or system-wide rate case at the RRC. When LSG was finally brought before the RRC to show cause why its rates should not be reduced, approximately 80 cities intervened and created an ad hoc group known as the Steering Committee of Cities Served by Lone Star. TXU purchased the LSG assets in the late 1990’s and immediately commenced consolidating 200-plus ratemaking jurisdictions into regions. As regional cases were filed, cities within each region created an ad hoc committee to form a common strategy and negotiating position. Once TXU had aggregated the cities into five or six jurisdictions, each with a different rate, Texas Utilities Gas Company filed a system-wide case to bring all of the old LSG territ ory under one common rate. The different city regional committees then united and formed the Allied Coalition of Cities (“ACC”). While the gas utility assets were owned and controlled by TXU, the Steering Committee transformed itself from an ad hoc group that came together only in response to rate filings by the utility into a permanent standing committee. In Gas Utilities Docket (“GUD”) No. 9400 in 2004, TXU’s request for a $61.6 million system-wide increase was aggressively opposed by ACC. The Company received only a $2.01 million increase. Unhappy with that result, TXU decided that owning a gas system was neither as fun nor as profitable as the deregulated electric system, and they sold the system to Atmos Energy Corporation (“Atmos” or “Company”). ACC was then transformed into the Steering 2 1800208 Committee of Cities Served by Atmos and then renamed Atmos Cities Steering Committee to obtain an easy to remember acronym, “ACSC”. What is the Atmos Cities Steering Committee? ACSC is a coalition of 154 cities that unite in common purpose to address gas utility rate and franchise issues related to Atmos Energy Corporation. Its objectives are to: (1) ensure that gas utility rates charged to cities and their residents are fair and reasonable; (2) maintain reasonable franchise fee revenues for cities; (3) protect cities’ original jurisdiction over rates and services; (4) be a voice for consumers where no state agency assumes such a role; and (5) promote sound ratemaking policy in the public interest. Cities join the p ermanent standing committee by passing a resolution and agreeing to support the work of ACSC through modest occasional per capita assessments which support ongoing administrative and legislative advocacy and all expenses where cities are not entitled to reimbursement. Each member city designates a representative to ACSC. Member representatives may volunteer to serve on the ACSC Executive Committee or Settlement Committee. The Executive Committee sets policy, hires legal counsel and consultants, directs litigation, establishes a legislative agenda, sets assessments on members as needed and meets quarterly with Atmos executives. The Settlement Committee is directly involved in negotiating resolution of contested matters with Atmos executives. The list of current members is attached. What is the benefit of membership in ACSC? One hundred fifty-four cities speaking as one voice is much more effective in advocacy before the Railroad Commission and legislature than any one city or multiple small groups of citie s. The legislature has given gas utilities a right to an annual increase in rates. Resources (both financial and human) of individual cities are conserved by membership in ACSC. Additionally, membership enhances institutional memory of ratemaking issues, public policy debates, and right -of-way and franchise fee battles. What has ACSC accomplished recently? Going into the legislative session, ACSC in December 2010 released a 48-page report, “Natural Gas Consumers and the Texas Railroad Commission.” More than 200 television, newspaper and radio news sites posted information on and a link to the report which may be found on ACSC’s website, TexasGasConsumers.org. Earlier in 2010, ACSC representatives visited on several occasions with the Sunset Commission Staff, and several ACSC recommendations for reform were included in the Sunset Commission Report on the Railroad Commission, delivered to the legislature’s Sunset Committee prior to public hearings on the agency. Several ACSC member representatives testified before the legislature regarding reforms needed at the Railroad Commission. 3 1800208 During the most recent legislative session, lobbying efforts by ACSC were critical in killing two gas utility bills that would have undermined traditional regulation, deprived cit ies of certain rights, and led to even greater rate increases. ACSC has resolved a major issue involving franchise fees. Atmos unilaterally, without notice, ceased inclusion of franchise fees in the calculations of gross receipts regardless of whether specific franchises included such payments. Several cities were willing to pursue the matter through litigation. However, counsel for ACSC was able to negotiate a resolution that allowed each member city to determine whether it desired an increase in franchise fee payments based on inclusion of franchise fees in the calculation of gross receipts. If a city opted for inclusion of fee-on-fee revenues, it had the further option of retroactive payments back to the point in time that Atmos decided to curtail fee-on-fee payments. Each member had these options regardless of the wording of the then valid franchise agreement. This resolution spared significant litigation costs and anxiety and was only possible because of the clout of the ACSC membership. One of the most significant accomplishments of ACSC occurred in 2007 via a settlement of the then pending system-wide rate case. Approximately 50 ACSC city representatives showed up in Arlington for a meeting with Atmos executives who were shocked at the vocal opposition to Atmos practices, the unfairness of annual Gas Reliability Infrastructure Program (“GRIP”) rate filings that precluded city and citizen review, and the Company’s lack of coordination with cities. That meeting led to the creation of the Rate Review Mechanism (“RRM”) process and greater ongoing communication between the Company and ACSC. In 2010, ongoing communications between ACSC and the Company led to a workable solution to the need to replace steel service lines in a manner that accommodated city needs to control their rights-of-way, while moderating the rate impact and focusing first on the riskiest service lines based on leak repair histories. This compromise precluded a more onerous (from a city and consumer perspective) program threatened by the RRC. What is a RRM case? The concept of a RRM proceeding emerged as a three-year experimental substitute for GRIP cases as part of the settlement of Atmos Mid-Tex’s 2007 system-wide rate case. In 2003, the Texas Legislature added Section 104.301, Interim Adjustment for Changes in Investment, to the Gas Utility Regulatory Act. While not identified as such in the law, § 104.301 was referred to as the Gas Reliability Infrastructure Program or GRIP. The GRIP adjustments allowed gas companies to recover changes to invested capital without a review of whether increased revenues or declining expenses offset the invested capital costs. Both Atmos Pipeline and Atmos Mid-Tex filed GRIP cases as soon as the RRC adopted rules to implement the interim adjustment s. As explained below, it quickly became apparent that the GRIP adjustments were terrible public policy. As an alternative to GRIP, ACSC entered into a negotiated agreement with Atmos in 2007 to establish the RRM process. Unlike GRIP, the RRM provided for an annual review of all portions of Mid-Tex’s cost of service. It fixed an authorized rate of return on equity for the three-year period at 9.6% (which was less than what the RRC would have authorized) and set 4 1800208 caps on the extent to which expenses or investments could increase from one year to the next. More importantly, it allowed cities to make a comprehensive evaluation of all aspects of the utility business—investment, operation and maintenance expenses and revenues—unlike GRIP which only allows consideration of changes to invested capital. Why is RRM superior to GRIP? The GRIP cases are one-sided guarantees of a rubber-stamp of the utility’s rate request. ACSC attempted to participate in the first two GRIP proceedings filed by both Atmos Pipeline and Atmos Mid-Tex at the RRC. Not only were cities’ motions to intervene denied, but also, ACSC’s comments were ignored. At the city level, ACSC consultants determined that Atmos was not only including items such as artwork, chairs, computers and meals in interim rate adjustments that were allegedly intended to promote pipeline safety, but also the Company was over-earning its previously authorized rate of return. ACSC attacked the Commission’s rule in court because it denied city participation, denied a hearing on a contested matter, and denied cities’ recovery of any expenses associated with resisting GRIP rate increases. The courts have not been helpful to cities and the Texas Supreme Court has affirmed the denial of cities’ right to participate in GRIP cases at the RRC. Cities have contended that GRIP is terrible public policy since it authorizes what would from a history of public interest regulation be regarded as unlawful—piecemeal ratemaking. GRIP allows rates to increase if the utility’s invested capital net of depreciation increases year- over-year. An increase in rates is mandated under GRIP if investment increases, even if increasing revenues and declining expenses more than offset the costs associated with increased investment. The RRM process negotiated by ACSC solves the piecemeal ratemaking problem by providing for a comprehensive review of Atmos’ expenses and revenues. Furthermore, RRM benefits ACSC by: (1) allowing cities participation that would be denied under GRIP; (2) allowing cities t o recover, at utility shareholder expense, all their ratemaking costs; and (3) avoiding both litigation and RRC jurisdiction. The legislature has functionally authorized annual increases in gas utility rates through the GRIP process. Since consumers are otherwise stuck with annual rate increases, it is better to have cities participating in the comprehensive RRM process than unable to participate in a piecemeal process. What has been the history of the RRM efforts? In 2010, ACSC, in settling the third RRM proceeding, agreed to a slight modification and extension of the process. A settlement of the fourth annual RRM is now pending before ACSC members. The results of the four RRM proceedings are as follows: RRM Filing Year Atmos Request ACSC Settlement #1 2008 $33.5 million $20 million #2 2009 $20.2 million $2.6 million #3 2010 $70.2 million $27 million #4 2011 $15.7 million $6.6 million 5 1800208 These results are better for cities and consumers than would have been authorized by the RRC under the GRIP process. What is the future of the RRM process? The settlement of the fourth RRM filing anticipated ACSC and Atmos working between August and December to refine the RRM process. A settlement perpetuating the RRM process was not reached by the end of 2011 which has led to the filing of the January 31, 2012 traditional rate case. Discussions regarding the future of the RRM process will continue as we attempt to resolve the rate case by settlement. If you have other questions please contact me at (512) 322-5875 and/or ggay@lglawfirm.com. Geoffrey Gay ACSC, General Counsel ACSC Cities (154 Total) 1262979 Updated 03.02.11 Abilene Addison Allen Alvarado Angus Anna Argyle Arlington Bedford Bellmead Benbrook Beverly Hills Blossom Blue Ridge Bowie Boyd Bridgeport Brownwood Buffalo Burkburnett Burleson Caddo Mills Carrollton Cedar Hill Celeste Celina Cisco Cleburne Clyde College Station Colleyville Colorado City Comanche Coolidge Coppell Corinth Corral City Crandall Crowley Dalworthington Gardens Denison DeSoto Duncanville Eastland Edgecliff Village Emory Ennis Euless Everman Fairview Farmers Branch Farmersville Fate Flower Mound Forest Hill Fort Worth Frisco Frost Gainesville Garland Garrett Grand Prairie Grapevine Haltom City Harker Heights Haskell Haslet Hewitt Highland Park Highland Village Honey Grove Hurst Iowa Park Irving Justin Kaufman Keene Keller Kemp Kennedale Kerrville Killeen Krum Lakeside Lake Worth Lancaster Lewisville Lincoln Park Little Elm Lorena Madisonville Malakoff Mansfield McKinney Melissa Mesquite Midlothian Murphy Newark Nocona North Richland Hills Northlake Oak Leaf Ovilla Palestine Pantego Paris Parker Pecan Hill Plano Ponder Pottsboro Prosper Quitman Red Oak Reno (Parker County) Richardson Richland Richland Hills River Oaks Roanoke Robinson Rockwall Roscoe Rowlett Royse City Sachse Saginaw Seagoville Sherman Snyder Southlake Springtown Stamford Stephenville Sulphur Springs Sweetwater Temple Terrell The Colony Trophy Club Tyler University Park Venus Vernon Waco Watauga Waxahachie Westlake Whitesboro White Settlement Wichita Falls Woodway Wylie Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Facilities and Recreation Meeting Date: February 27, 2012 Staff Contact: Troy J. Meyer Consent Director of Facilities and Recreation Subject: Consider a Resolution amending the Westlake Academy / Civic Campus Facility Use Guidelines and Policies. EXECUTIVE SUMMARY On October 27, 2008 the Town Council passed the first facility use guideline and policies due to the increase in requests to use the Westlake Academy campus. The requests include the use of basketball gym, classrooms, the soccer field and/or the performance hall. At the September 8, 2008, workshop, staff presented the policies of facilities usage to the Board to discuss renting out the civic campus and fees to Westlake residents. The Board agreed that the dining and performance hall could be rented out on Sunday only and to Westlake residents. The fees must cover all costs of using the facilities, which would include but is not limited to power usage, cleaning, damage and staffing. Staff has received an increase in request to use the sports and the gym on school holiday and summer months. Staff would recommend the following changes to the Westlake Academy / Civic Campus Facility Use Guidelines and Policies: 1. Limited and conditional use of sport fields Fees $150 for three hours/$50 for additional hours 2. Limited and conditional use of the gym Fee $325 for three hour/$95 for additional hours This policies change would give the staff to rent out the sport field and gym based on school actives and conditions of the field and gym. The primary principal has reviewed and agrees with the facilities rental policies and would like to be notified when the facilities is rented. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence Page 2 of 2 FISCAL IMPACT Funded Not Funded N/A The rental fees would cover all costs to have town/contract staff present and electrical use for the building and maintenance on the sports field. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Approve the resolution amending the rental of civic campus facilities and approving the Westlake Academy/Civic Campus Facility Guidelines and Use Policies. ATTACHMENTS Resolution Facilities Policy Resolution 12-10 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 12-10 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE WESTLAKE ACADEMY / CIVIC CAMPUS FACILITY USE GUIDELINES AND POLICIES. WHEREAS, there is a need in the community for meeting / function space; and WHEREAS, Westlake Academy, a Town owned and operated facility, has been identified as a community asset, which includes a performance hall, cafeteria, sport fields and gym that can be utilized by Westlake residents on a limited basis. WHEREAS, Town staff and the Westlake Academy staff have identified uses and limited and conditional availability to the renting of the facilities; and WHEREAS, Westlake desires to engage it s citizens; and WHEREAS, the Town Council finds that renting the facilities benefits the public and is in the best interest of the citizens of Westlake, and WHEREAS, rental fees will be collected and will offsest all operational and repair cost associated with the use of the facility. 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 of the Town of Westlake hereby approves the amending of the rental of the Westlake Academy / Civic Campus Facilities Use Guidelines and Policies (Exhibit “A”). SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 12-10 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF FEBRUARY 2012. ____________________________________ ATTEST: Laura Wheat, Mayor ____________________________ ____________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Rev 02/27/12 Page 1 Westlake Academy/Civic Campus Facility Use Guidelines and Policies Facility Availability 1. The Performance Hall, Cafeteria area, Gym and Sport Fields of the Westlake Academy/Civic Campus is available for use on Monday through Friday for 5:00 p.m. to 10:00 p.m. and Saturday through Sunday between the hours of 6:00 a.m. and 10:00 p.m. after which a extended hours fee of $15.00 per hour will apply. NOTE: The Sport field may be used during day light hours only. Please contact the Facilities Department at 817-490-5730 for summer hours. 2. Availability is determined upon submission of an application and deposit, which may be obtained and remitted to the Town Hall offices at 3 Village Circle, Suite 202, Westlake, TX 76262. Application Process: 1. The application must be filled out at least 14 days prior to the requested reservation date. Application forms are available in the lobby of Town Hall or online at www.westlake-tx.org. 2. No verbal or tentative agreements will be accepted. 3. The applicant must be a resident of the Town of Westlake and is responsible for the adherence to the guidelines and policies of the Town for all individuals during the use of the facility. 4. The Facilities and Recreation Department reserves the right to terminate a reservation during the activity if the conditions so warrant (i.e., severe weather, etc.) Deposit 1. To be assessed according to the request and duration of reservation: a. $500 – one day rental of Cafeteria, gym area or sport fields b. $1000 – one day rental of Cafeteria and Performance Hall c. $2000 – extended commitment rental for Cafeteria and Performance Hall 2. The deposit is refundable under the following conditions: a. Provided that no damage has occurred to the facility or fixtures (reviewed by the applicant and Town representative at the conclusion of the use period). b. Renter must have followed all facility use guidelines and policies and Town ordinances during the event. 3. The deposit will be returned within 14 days from the rental date and will be mailed to the applicant. Rev 02/27/12 Page 2 Reservation Time & Fees 1. Facilities may be reserved for a minimum of three (3) hours and a maximum of six (6) hours. 2. The reservation period will include the time necessary to set up and clean the facility – no additional time will be allocated for these activities. 3. Fees to be assessed according to the request and duration of reservation: a. $350 –Three hour rental of Cafeteria area b. $475 –Three rental of Cafeteria and Performance Hall c. $100 –Each additional hour rental of Cafeteria area d. $150 –Each additional hour rental of Cafeteria and Performance Hall e. $150 –Three hour rental of Sport field f. $50 –Each additional hour rental Sport field g. $325 –Three hour rental of Gym h. $95 - Each additional hour rental of Gym Reservation Requirements, Availability and Limitations 1. Individuals and organizations utilizing the facility are required to follow all applicable Town ordinances, state laws and reservation policies. Failure to comply may result in the denial of future facility access and/or forfeiture of the facility deposit. 2. The Town does not provide eating utensils, tablecloths, office supplies, electronic equipment or any other type of products during the reservation period. The individual or organization reserving the facility must provide these types of items. 3. The room occupancy rate will be posted and explained to the applicant during the rental process. In accordance with fire codes, the occupancy rate may not exceed the maximum allowable number of individuals at any time during the rental period. 4. The Town and/or Westlake Academy reserves the right to alter the schedule or limit the use of the facility due to any town or school related events or conditions which pose a conflict with the requested rental period. Facility Access 1. The rental agreement will include provisions for a Town of Westlake representative to be present during the use of the facility. The representative will provide building access and work with the applicant to ensure the facility is secured at the conclusion of the rental. 2. In the event of an unforeseeable emergency, and the representative is detained or not available, the applicant may contact Troy J. Meyer, Director of Facilities at (817) 829-6974 to gain access to the building. 3. Please do not attempt to force open the doors or break a window to enter the facilities. Rev 02/27/12 Page 3 Cancellation 1. In order to receive a full refund of all fees and deposits the reservation must be cancelled at least 14 days prior to the reservation date. If after 14 day period, the Department reserves the right to assess an $100 administrative fee to cover staffing costs. 2. No refunds of the rental fees will be given for notices within two (2) days of the reservation date or for a cancellation notice after the rental date. Damages 1. Individuals and organizations reserving the facility are responsible for the costs associated with repairing the building or replacing items that are damaged during the rental period. 2. Failure to remit the required repair/replacement fees for the damages will result in the loss of future reservation privileges and any deposit. Chaperones 1. The resident who submits the reservation application must remain on premises at all times during the use of the facility. Failure to remain on site may result in the loss of future reservation privileges and the deposit. 2. Reservations for a youth event require a minimum of two (2) adult chaperones for 1 – 30 youth participants. One adult chaperone must be provided for each additional 15 participants. Youths are defined as anyone under 21 years of age. 3. The Town reserves the right to require the presence of a police officer during these types of events. The personnel cost for the off-duty assignment will be the responsibility of the applicant. Cleaning 1. The resident and/or organization is responsible for cleaning the facility at the conclusion of the rental. The reservation must include the necessary time for these activities. 2. The Town representative will provide access to the cleaning supplies and equipment for the resident or organization. 3. All furniture must be returned to the original configuration prior to vacating the premises. 4. All trash must be bagged and removed from the facility – outside trash receptacles (dumpster storage containers) are provided outside the Cafeteria area. 5. A checklist will be provided to the applicant and reviewed with the Town representative to ensure all the necessary tasks have been completed to clean and prepare the facility for further use. Rev 02/27/12 Page 4 Food/Drink 1. Refreshments are allowed in the Cafeteria area of the facility. Food and drink are not allowed in the Performance Hall and Gym. 2. Tables will be provided (upon prior request) for those individuals who are hosting a catered event. Decorations 1. Decorations may be used that do not cause damage to the walls, ceilings or any other part of the room, furniture or fixtures and must be removed at the end of the reservation period. 2. Items such as nails, thumbtacks and permanent tape may not be used. 3. Painters masking tape is the only approved method for decorating purposes and must be fully removed from the facility upon completion of the reservation. 4. All lights and facility doors must be secured at the conclusion of the reservation. 5. Plans for special activities including, but not limited to: bounce houses, dunking booths, amplified sound systems, etc. must be reviewed and approved by the Facilities Director prior to their use. Tobacco and Alcohol Use and Pet Policy 1. No smoking, use of tobacco products or alcoholic beverages are allowed on any Town owned property. This includes the Westlake Civic Campus/Westlake Academy facilities. 2. No pets are to be in the facility during the rental period. The only exception would be service animals necessary to assist individuals with a disability. Insurance Requirements 1. Proof of insurance is required for all organized programs of athletic competition, including but not limited to basketball, soccer, softball and little league groups. 2. Insurance is not needed for individuals or groups of residents who use the athletic fields for a one-time-use basis. Liability: The user agrees to hold harmless the Town and its employees/representatives from and against any claims for damages to persons or property arising out of any use of the facility and its premises by the user. Users are responsible for their guests adherence to the policies herein described. PLEASE NOTE: The above information concerns general reservation policies and covers most reservation requirements. For specific concerns or those questions not answered above, it is the responsibility of the applicant to contact the Director of Facilities to ensure compliance with all policies. Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Planning and Development Meeting Date: February 27, 2012 Staff Contact: Eddie Edwards, Consent Director of Planning and Development Subject: Consideration of an ordinance amending sections 102-65 and 102-314 of the Town of Westlake Code of Ordinances. These sections contain regulations applicable to the GU or Government Use Zoning District. EXECUTIVE SUMMARY Since decisions relating to the development of property owned by the town have already been considered during planning and budgeting meetings, causing the development information to be presented through the full Site Plan review process would be duplicative and time consuming. Our current regulations relative to temporary structures were written with private sector or for- profit applications in mind. A predictable and transparent approval process for the use of temporary structures that are used out of necessity to meet the needs of the community should be considered on a case by case basis by the town council. APPLICABLE STRATEGIC PLAN VISION POINT Sense of Place Leadership Caring Community Exemplary Governance Service Excellence FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION / ACTION REQUESTED/ OPTIONS Staff recommends approval of the proposed amendments. ATTACHMENTS Code sections with proposed changes shown. Proposed ordinance. GU - GOVERNMENT USE ZONING DISTRICT AMENDMENTS Sec. 102-65. - Temporary structures. A temporary structure is one which is used for a limited period of time. It may be manufactured on site or off site, but is temporary in nature, and only used until a permanent structure can be constructed or refurbished. All temporary structures shall be required to comply with the following: (1) Permits. No temporary structure may be constructed on site, or brought on site until a building permit for its construction and siting has been issued. (2) Time limit. The time limit for all temporary structures, other than those located in the GU zoning district, shall be 90 days; except for on-site construction offices which shall be limited to the time required for the actual on-site construction of the structure or facility, or one year, whichever is less. Any further extension shall require board Town Council approval. (3) In GU (Government Use) zoning districts the time limit for temporary structures shall be determined by the Town Council. The Town Council shall approve the locations of, and the exterior designs of, any temporary structures located in GU zoning districts. The setbacks and building articulation requirements contained in this chapter shall not apply to temporary structures. Sec. 102-314. - Required site plan (not PD). (a) Applicability. Site plans are required for all developments except individual single- family lots and GU zoned property. Development of GU zoned property must have approval from the Town Council. Required Site Plans shall be accompanied by a proposed development schedule. No development may occur, or building permit be approved on a site which does not conform to the approved site plan. Site plans shall be approved by the board of aldermen Town Council, upon recommendation by the planning and zoning commission, and shall be considered part of the zoning requirements for that site. A change to the site plan shall be considered a change in zoning in a planned development district . (b) Purpose. The purpose of a site plan is to ensure that all provisions of the Unified Development Code are adhered to; that sensitive environmental issues such as slopes and vegetation are accommodated; and that services and facilities necessary to support the proposed development will be available on an appropriate time schedule. (c) Generally. (1) No construction or development within a district that requires a site plan may commence, and no building permit may be issued unless the board of aldermen Town Council has approved a site plan upon recommendation of the planning and zoning commission. (2) Where a concept plan has been approved as part of the zoning, all site plans must be in conformity with that approved concept plan. (3) No public notification is required for consideration of a site plan, or amendment, beyond posting as an agenda item for the planning and zoning commission and board of aldermen Town Council. This provision does not apply to PD site plans. Sec. 102-124. - District development standards. (a) District development standards chart. (1) The district development chart in Figure 2 sets out standards for density, minimum building area, building height, minimum setbacks from property lines, required landscaping, requirement for site plan approval, and requirement for submission of a development schedule. (2) Front yard setbacks are required in all instances where a property line abuts a street right-of-way. (3) The chart shall establish the minimum requirements for these elements except as otherwise provided in this article. FIGURE 2 WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART District Density Minimum Principal Building Area Height *Lot Width Bldg. Line Minimum Setbacks Required Landscaping Requires Site Plan Mini- mum Lot Size u/a, FAR Front Rear Side Side Paving R-5 Country Residential (5 ac.) 217,800 s.f. 1 u/a 2,000 s.f. bldg. min. 2.5 st/35' 200 50 50 30 * Lot width shall be measured at the minimum setback distance for the district. ** PD requirements subject to PD ordinance. *** As approved by Town Council. R-2 Rural Residential (2 ac.) 87,120 s.f. 1 u/a 2,000 s.f. bldg. min. 2.5 st/35' 150 50 50 25 R-1 Estate Residential (1 ac.) 43,560 s.f. 1 u/a 1,800 s.f. bldg. min. 2.5 st/35' 125 40 40 20 R- O.5 Neighborhood Residential (.5 ac.) 21,780 s.f. 1 u/a 1,500 s.f. bldg. min. 2.5 s.t./35' 100 35 35 15 RA Residential Airpark 43,560 s.f. 1 u/a 1,800 s.f. bldg min 2.5 st/35' 125 40 40 20 MF Multifamily 200,000 s.f. 12 1,000 s.f. avg. 2.5 s.t./35' 200 40* 40* 20* 20%/ 250 O.S/U yes LR Local Retail 40,000 s.f. 0.20:1 2,000 s.f. 2.5 st/35' 200 50* 50* 0 or 4* 20% yes O Office Park 200,000 s.f. 0.25:1 3,000 s.f. 2 st/35' 200 100* 100* 75* 20% yes O-I Office- Light Industrial Park 200,000 s.f. 0.30:1 3,000 s.f. 3 st/50' 175 75* 50* 50* 15% yes **PD Planned Development 200,000 s.f. GU Governmental Use No min. 0.25:1 *** No min. 3 st/50' 200 *** 50 *** 50 *** 25 *** 10 *** 20% *** No Ordinance 677 Page 1 of 6 TOWN OF WESTLAKE ORDINANCE NO. 677 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES, TITLED “ZONING”, BY AMENDING SECTIONS 102-65, 102-124, AND 102-314; AMENDING THE REGULATION APPLICABLE TO THE GU ZONING DISTRICT; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it to be in the best interest of the Town and its citizens to allow the Town Council to have greater discretion regarding the development of GU zoned property; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments (Exhibit “A”) to the Westlake Code of Ordinances should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter “102”, Article III, “ZONING”, Sections 102-65, 102-124, and 102-314 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as shown on attached Exhibit A, which is incorporated for all purposes. SECTION 4: That all provisions of Ordinance not hereby amended shall remain in full force and effect. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 6: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 677 Page 2 of 6 SECTION 7: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 27TH DAY OF FEBRUARY 2012. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 677 Page 3 of 6 EXHIBIT A Chapter 102 ZONING ARTICLE III. PERMISSABLE USES DIVISION 1.- GENERALLY Sec. 102-65. – Temporary structures A temporary structure may be used for a limited period of time. It may be manufactured on site or off site, but is temporary in nature, and only used until a permanent structure can be constructed or refurbished. All temporary structures shall be required to comply with the following: 1) Permits. No temporary structure may be constructed on site, or brought on site until a building permit for its construction and siting has been issued. 2) Time limit. The time limit for all temporary structures, other than those located in the GU zoning district, shall be 90 days; except for on-site construction offices which shall be limited to the time required for the actual on-site construction of the structure or facility, or one year, whichever is less. Any further extension shall require Town Council approval. 3) GU (Government Use) zoning district. Temporary structures constructed or sited in the GU zoning district shall comply with the time limits established by the Town Council. The Town Council shall approve the locations of and the exterior designs of any temporary structures placed in GU zoning districts. The setbacks and building articulation requirements contained in this chapter shall not apply to temporary structures in GU zoning districts. Article IV. – DISTRICT DEVELOPMENT STANDARDS Sec. 102-124. - District development standards. a) District development standards chart. (1) The district development chart in Figure 2 sets out standards for density, minimum building area, building height, minimum setbacks from property lines, required landscaping, requirement for site plan approval, and requirement for submission of a development schedule. (2) Front yard setbacks are required in all instances where a property line abuts a street right -of-way. Ordinance 677 Page 4 of 6 (3) The chart shall establish the minimum requirements for these elements except as otherwise provided in this article. FIGURE 2 WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART * Lot width shall be measured at the minimum setback distance for the district. ** PD requirements subject to PD ordinance. District Density Minimum Principal Building Area Height *Lot Width Bldg. Line Minimum Setbacks Required Landscaping Requires Site Plan Mini- mum Lot Size u/a, FAR Front Rear Side Side Paving R-5 Country Residential (5 ac.) 217,800 s.f. 1 u/a 2,000 s.f. bldg. min. 2.5 st/35' 200 50 50 30 R-2 Rural Residential (2 ac.) 87,120 s.f. 1 u/a 2,000 s.f. bldg. min. 2.5 st/35' 150 50 50 25 R-1 Estate Residential (1 ac.) 43,560 s.f. 1 u/a 1,800 s.f. bldg. min. 2.5 st/35' 125 40 40 20 R- O.5 Neighborhood Residen tial (.5 ac.) 21,780 s.f. 1 u/a 1,500 s.f. bldg. min. 2.5 s.t./35' 100 35 35 15 RA Residential Airpark 43,560 s.f. 1 u/a 1,800 s.f. bldg min 2.5 st/35' 125 40 40 20 MF Multifamily 200,000 s.f. 12 1,000 s.f. avg. 2.5 s.t./35' 200 40* 40* 20* 20%/ 250 O.S/U Yes LR Local Retail 40,000 s.f. 0.20:1 2,000 s.f. 2.5 st/35' 200 50* 50* 0 or 4* 20% Yes O Office Park 200,000 s.f. 0.25:1 3,000 s.f. 2 st/35' 200 100* 100* 75* 20% Yes O-I Office- Light Industrial Park 200,000 s.f. 0.30:1 3,000 s.f. 3 st/50' 175 75* 50* 50* 15% Yes **PD Planned Development 200,000 s.f. GU Governmental Use No min. *** No min. *** *** *** *** *** *** No Ordinance 677 Page 5 of 6 *** As approved by Town Council. (b) Maximum building height. (1) All districts. The height limit for all structures shall be as established in the districts governing the property on which the structures are located. However, the maximum height may be increased up to 700 feet above mean sea level by the Town Council as part of site plan approval, unless otherwise limited by a planned development district. (2) Building height and setback for commercial districts. a. Roadway slope. In addition to the building setback line, no building in a commercial district may exceed the height of a line drawn from the nearest roadway right-of-way line at a 2:1 slope directly into the subject commercial property, as shown in Figure 3 (e.g., a 100-foot high building must be set back 200 feet from the right -of-way line). b. Residential slope. In addition to the building setback line, no building in a commercial district may exceed the height of a line drawn from a residential property line in a residential district, at a 5:1 slope directly into the subject commercial property as shown in Figure 3 (e.g., a 100-foot building must be set back 500 feet from the residential property line). c. Changes in grade. Notwithstanding the slopes noted in subsections (b)(2)a. and b. of this section, if the slope of the ground rises or falls from the point of origin of the slope line, the actual building height may be greater or lesser by the difference in grade. d. Exceptions. The following features may be constructed 12 feet higher than the maximum height requirement of the zoning district in which the structure is located: 1. Chimneys, church spires, elevator shafts, and similar appendages not intended as places of occupancy or storage. 2. Flag poles and similar devices. 3. Heating and air conditioning equipment, solar collectors and similar equipment, fixtures, and devices. Ordinance 677 Page 6 of 6 4. Provided that they are: (i) not more than one-third of the total roof area; and (ii) set back from the edge of the roof a minimum distance of two feet for every foot by which such features extend above the roof surface of the building to which they are attached. Article VIII. – ZONING RELATED APPLICATIONS Sec. 102-314. – Required Site Plan (not PD) a) Applicability. Site Plans ar e required for all developments except individual single- family lots and GU zoned property. Development of GU zoned property must be approved by Town Council. Required Site Plans shall be accompanied by a proposed development schedule. No development may occur, or building permit be approved on a site which does not conform to the approved Site Plan. Site P lans shall be approved by the Town Council, upon recommendation by the Planning and Zoning Commission, and shall be considered part of the zoning requirements for that site. A change to the Site Plan shall be considered a change in zoning. Remainder of this section to remain unchanged. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town of Westlake Item #5 - Future Agenda Items COUNCIL CALENDAR - Gallery Night March 3, 2012, Marriott Solana at 6:00 p.m. - Board of Trustee Meeting March 5, 2012 - WA Spring Break March 12 – 16, 2012 - Town Council Meeting March 26, 2012 - Westlake Arbor Day April 7, 2012 - MasterWorks Solana Concert Series – Free Outdoor Concert by Zach King April 12, 2012, Village Courtyard, 6:00 – 7:00 p.m. - Alliance Development Forum, Marriott Championship Circle April 13, 2012, 11:00 – 1:00 p.m. - MasterWorks Solana Concert Series – Free Outdoor Concert by John Adams April 19, 2012, Village Courtyard, 6:00 – 7:00 p.m. - Junior High Sport Banquet, WA Dining Hall April 20, 2012, 6:00 – 8:00 p.m. - WHPS - Living History Event, ‘History of the Texas Flag’ WA Performance Hall, 7:00 – 8:30 p.m. April 24, 2012 - Bandana Bonanza, Westlake Academy Campus May 5, 2012 Town of Westlake Item # 6 – Council Calendar Town of Westlake Item # 7 – Adjournment