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HomeMy WebLinkAbout04-25-11 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the 7:00 p.m. posted start time. Page 1 of 4 Mission Statement TOWN OF WESTLAKE, TEXAS On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our rich culture and urban location. Westlake, Texas – A Premier Knowledge Based Community TOWN COUNCIL MEETING AGENDA April 25, 2011 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session: 4:30 p.m. Regular Session 7:00 p.m. Workshop Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM APRIL 25, 2011, REGULAR MEETING. Page 2 of 4 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. Quarterly Financial Dashboard and Analysis for the quarter ended March 31, 2011. 5. DISCUSSION ITEMS a. Presentation and discussion regarding the Texas Student Housing Authority. b. Discussion and review of the process for amending/updating the Town’s. Comprehensive Plan. c. Discussion of a proposed Development Agreement with Hillwood Alliance Services for various Ottinger Road and Dove Road Public Improvements. d. Discussion of Town communication efforts and resources. e. Discussion of 2011 DirectionFinders Citizens’ Survey Instrument. 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a): Personnel Matters – to deliberate the appointment or employment of a Director of Communications. 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION 9. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Page 3 of 4 Proclamation recognizing the National Day of Prayer on May 5, 2011. Proclamation recognizing Public Service Week May 3-9, 2011. 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 March 28, 2011. b. Consider approval of the minutes from the meeting held on March 29, 2011. c. Consider approval of the minutes from the meeting held on April 4, 2011. d. Consider approval of Resolution 11-13, Approving a Memorandum of Understanding (MOU) between the Town of Westlake, Town of Trophy Club, and the City of Roanoke, regarding an agreement in principal to pursue a variety of intergovernmental cooperative initiatives. e. Consider approval of Resolution 11-14, Appointing a member to the Texas Student Housing Authority board. 4. CONSIDERATION AND DISCUSSION TO APPROVE RESOLUTION 11-15, APPROVING A DEVELOPMENT AGREEMENT WITH HILLWOOD ALLIANCE SERVICES FOR VARIOUS PUBLIC IMPROVEMENTS TO DOVE AND OTTINGER ROADS. 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a): Personnel Matters – to deliberate the appointment or employment of a Director of Communications. 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. 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 Page 4 of 4 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. 9. COUNCIL RECAP / STAFF DIRECTION 10. COUNCIL CALENDAR - Oath of Office May 19, 2011, at 4:30 p.m. - Town Council Meeting May 23, 2011 11. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, April 20, 2011, 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 March 28, 2011. b. Consider approval of the minutes from the meeting held on March 29, 2011. c. Consider approval of the minutes from the meeting held on April 4, 2011. d. Consider approval of Resolution 11-13, Approving a Memorandum of Understanding (MOU) between the Town of Westlake, Town of Trophy Club, and the City of Roanoke, regarding an agreement in principal to pursue a variety of intergovernmental cooperative initiatives. e. Consider approval of Resolution 11-14, Appointing a member to the Texas Student Housing Authority board. 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. Quarterly Financial Dashboard and Analysis for the quarter ended March 31, 2011. Town of Westlake Item # 4 – Reports Page 1 of 3 TOWN COUNCIL AGENDA ITEM Department: Finance Meeting Date: April 19, 2011 Staff Contact: Debbie Piper Report Subject: Quarterly Financial Dashboard and Analysis for the quarter ended March 31, 2011 EXECUTIVE SUMMARY The 2nd quarter “Dashboard” reports and “Analysis” for the FY 2010-11 are attached. Our goal is to have a concise and easy to understand document regarding the financials of our three (3) major funds; General Fund, Visitors Association Fund and the Utility Fund. The remaining funds: Debt Service, Capital Projects, 4B Economic Development and Property Tax Reduction are a function of transfers in, sales tax revenues (which are discussed in the GF analysis), related expenses and transfers out; therefore, we have not prepared quarterly reports for these funds. As requested during the presentation of the 1st quarter “Dashboard” in February, I have included a prior year column as well as explanations regarding current year vs prior year revenues related to sales tax and hotel/motel tax. Please note on each individual fund’s report, you will see an “A” and on the Utility Fund a “%”, beside several revenue line items. The “A” indicates that specific “YTD Actuals” line-item is based on the accrual method. This means that revenue received after 3/31/11 but related to that specific quarter, i.e. sales, tax, franchise fees, hotel occupancy tax, etc. was added to the “YTD Actual” for comparison to the budget. The “YTD Budget” is based on 6 months out of the 12 month budget; therefore, it’s reasonable to accrue the amount to show 6 months of actual receipts. In addition to accruing the water revenue receipts for the “YTD Actuals”, I have changed the “YTD Budget” calculation from 6 months of the 12 month period to a much better representation of that fund’s revenue. Because the majority of the water revenue is received in the spring and summer (hotter, dryer months), the “YTD Budget” calculation is now being based on the percentage of revenues received for the first six months of the prior year. In review, these quarterly reports contain a “dashboard” display complete with major revenue and expenditure categories. A comparison of the “YTD Budget” amount and the “YTD Actuals” at 3/31/11 has been presented. The color green obviously means that we are good in those specific line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between these two areas show up as yellow (cautionary) or red (critical). Page 2 of 3 A summary is presented at the bottom of each fund page indicating the net revenues over (under) expenditures along with the projected ending fund balances for the Adopted Budget, YTD Budget as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance have been calculated using operating expenditures. Our Fiscal and Budgetary Policies state that we will strive to maintain 90 days of operation. Please note the “Analysis” is color coded and corresponds to the specific line-item on the “Dashboard” report. All “cautionary” and “critical” items are detailed with explanations of the variances. I have explained several of the line-items that were greater (green) in revenue than we anticipated informing you as to what specifically happened with that revenue line-item. I have done the same regarding any expenditure that is under budget so you may see why these funds have not been expended. Beside each major category or department on the explanation page, you will find a number that reflects the exact variance in that department/line-item. General Fund As can be seen by the “Dashboard”, revenues equal 147.11%, which looks great. The major contributors to this overage are Sales Tax, Property Tax and Permits and Fees. Please see the “Analysis” for explanations for each. Below, is more detail regarding sales and property tax receipts.  Sales Tax – Total sales tax budgeted totals $3,250,000. Because sales tax is received 2 months in arrears, I was only able to accrue one month; therefore, only using 5 months for these reports. If equally divided, the budgeted amount for 5 months equals $1,354,166. Our receipts equal $1,774,713 of which $456,213 is from Deloitte. Our “Base” sales tax receipts total $1,051,903 which is approximately $35K more than the prior year at this time. Below is a summary by year of the variances: $$ %% FY 2010 FY 2011 Variance Variance Base Sales Tax $ 1,017,241 $ 1,051,903 $ 34,662 3% Audit Collections 18,974 31,936 12,962 68% ED Receipts 145,618 456,213 310,595 213% Presumed one-time payments 100,000 234,661 134,661 135% Total Taxes $ 1,281,833 $ 1,774,713 $ 492,880 38% General Fund Portion $ 568,107 $ 659,250 $ 91,143 16% ED Fund Portion 72,809 228,107 155,297 213% PTR/4B Portion 640,917 887,357 246,440 38% $ 1,281,833 $ 1,774,713 $ 492,880 38%  Property Tax – As the analysis indicates the majority of the property tax has been received. The revenue has been reduced by $115,331 regarding the abatement on Phase I of Fidelity which is currently pending review. Even though we have reached our budgeted amount (which was very conservative), we are currently at approximately 88% collection based on our taxable values. I am in discussion Page 3 of 3 with the County Tax Assessor-Collector’s office as well as our delinquent tax attorney regarding the low percentage of collection. Our tax attorney has presented a report showing approximately $40K in “true” delinquencies. They are in the process of combining several reports to show accounts that have been set up for a payment plan. These accounts are not accounted for in the delinquency report referenced above. Final payments will be made in June for these payment plans. Currently, the tax attorney and I are assuming since the residents were not aware of the tax liability until the latter part of the year, this may be the reason for the currently collection rate. Upon receipt of these reports, I will update the Council regarding our findings. Visitors Association Fund The “Dashboard” revenues for the Visitors Association Fund equal 105.54%. The Hotel occupancy tax is $19,546 more than budgeted at this point and $696 more than the prior year at this time. Utility Fund The “Dashboard” for the Utility Fund revenue equals 131.54%. As can be seen by the report, the major positive variance is related to the tap/impact fees and miscellaneous revenues. We had anticipated installing the Deloitte meters in the prior year; therefore did not budget for FY 10/11. These meters were installed in December 2010. The large variance in miscellaneous revenues is made up of approximately $34K in duct bank revenue. APPLICABLE STRATEGIC PLAN VISION POINT Inviting Residential and Corporate Neighborhoods We are Leaders Hospitality Finds its Home in Westlake FISCAL IMPACT Funded Not Funded N/A RECOMMENDATION/ACTION REQUESTED N/A ATTACHMENTS 2st Quarter Financial Dashboard and Analysis for Quarter Ended 3/31/11 for: o General Fund o Visitors Association Fund o Utility Fund 4/20/2011 9:49 AM Prior DASHBOARD Year Annual YTD YTD Actuals Budget Budget Actuals Adopted A General Sales Tax 1,597,195 1,250,000 517,123 659,250 127.48% A Property Tax 0 1,000,430 498,845 1,048,554 210.20% A Franchise Fees 603,233 609,500 318,956 246,052 77.14% Contributions 189,097 - - 175,000 100.00% Permits and Fees 1,738,536 358,655 178,836 265,427 148.42% Fines & Forfeitures 647,171 550,960 274,725 270,255 98.37% Misc Income 156,983 118,882 59,278 53,680 90.56% 4,932,215$ 3,888,427$ 1,847,764$ 2,718,218$ 147.11% POSITIVE > 90% CAUTIOUS 70% - 90% NEGATIVE < 70% Prior DASHBOARD Year Annual YTD YTD Actuals Budget Budget Actuals Adopted Payroll Wages 1,777,560 1,887,698 941,263 895,237 95.11% Payroll Related 484,994 600,976 299,665 278,629 92.98% Operations & Maintenance 1,847,810 1,874,520 934,692 933,588 99.88% Capital Outlay 91,661 - - - 0.00% 4,202,024$ 4,363,194$ 2,175,620$ 2,107,454$ 96.87% POSITIVE < 100% CAUTIOUS 101% - 110% NEGATIVE > 111% Prior DASHBOARD Year Annual YTD YTD Actuals Budget Budget Actuals Adopted Payroll Transfers In from UF/VA 415,888 402,263 200,580 168,398 83.96% Transfers In from UF-Impact Fees - 18,000 8,975 131,487 1464.98% Transfers Out 90,059 2,120,758 2,120,758 2,123,292 100.12% 325,829$ (1,718,495)$ (1,920,178)$ (1,954,894)$ 101.81% Prior Year Annual YTD YTD Actuals Budget Budget Actuals 1,056,020$ (2,193,263)$ (2,248,034)$ (1,344,130)$ Beginning Fund Balance (audited)2,675,312 3,731,332 3,731,332 3,731,332 Ending Fund Balance 3,731,332 1,538,069 1,483,298 2,387,202 Restricted Funds 214,750 197,800 197,800 225,319 Unrestricted Fund Balance 3,516,582$ 1,340,269$ 1,285,498$ 2,161,883$ # of Operating Days 339 124 118 199 Daily Operating Cost 10,373$ 10,852$ 10,852$ 10,852$ Net Revenues Over (Under) Expenses Including Other Sources/Uses TOTAL TOTAL TOTAL EXPENDITURES OTHER SOURCES AND USES ADOPTED BUDGET REVENUES GENERAL FUND 100 Quarterly Financial Dashboard Quarter Ended 03/31/2011 ADOPTED BUDGET ADOPTED BUDGET SUMMARY ADOPTED BUDGET LE G E N D LE G E N D Town of Westlake  Analysis of Dashboard for Quarter Ended 03‐31‐2011  GENERAL FUND    Page 1        REVENUES ‐ $870,454    GENERAL SALES TAX    +$142,127   YTD Estimated Budgeted $517,123 (5 months only)    YTD Actual $659,250 (5 months only)  o Prior YTD actual was $568,107  o Current Year $91,143 more than prior year.    PROPERTY TAX    +$549,709   YTD Estimated Budgeted $498,845    YTD Actual $1,048,554  o Income will not be distributed evenly over the fiscal year   o Majority of revenue has been received  o Revenue has been reduced by $115,331 regarding abatement on Phase I of  Fidelity pending review    FRANCHISE FEES   ($72,904)   YTD Estimated Budgeted $318,956   YTD Actual $246,052    o   AT&T/SBC: ($62,948)     YTD Estimated Budget $112,192   YTD Actual $49,764     Prior Year 1st quarter = $51,596   Second quarter current year hasn’t been received yet    Prior year 2nd quarter  = $51,282  (Received in May)    o   Tri‐County Electric ($13,675)     YTD Estimated Budget $157,068   YTD Actual $143,392    Current  year 2nd quarter  receipt = $73,946   Prior year 2nd quarter  = $81,240     Fourth quarter has typically been 13% ‐ 15% more than 2nd  and 3rd quarters.  Town of Westlake  Analysis of Dashboard for Quarter Ended 03‐31‐2011  GENERAL FUND    Page 2        REVENUES continued    CONTRIBUTIONS    +$175,000   YTD Estimated Budgeted $0     YTD Actual $175,000  o Reforestation Tree Escrow    PERMITS AND FEES    +$86,591   YTD Estimated Budgeted $178,836     YTD Actual $265,427  o To be conservative, no gas well revenues were budgeted for this fiscal year        EXPENDITURES ‐ ($68,166)     PAYROLL WAGES   ($46,026)   YTD Estimated Budget $941,263   YTD Actual $895,237  o Majority of savings was due to budgeting 9 full‐time Fire/EMS personnel with  one not being hired until mid‐December.  o FY 09‐10 accruals were made for time that was earned in that fiscal year but not  paid until FY 10‐11.  This amount should be offset in the last quarter of the fiscal  year when year‐end accruals are proposed again.      PAYROLL RELATED   ($21,036)   YTD Estimated Budget $299,665   YTD Actual $278,629  o Majority of savings was due to budgeting 9 full‐time Fire/EMS personnel with  one not being hired until mid‐December.   o FY 09‐10 accruals were made for time that was earned in that fiscal year but not  paid until FY 10‐11.  This amount should be offset in the last quarter of the fiscal  year when year‐end accruals are proposed again.  Town of Westlake  Analysis of Dashboard for Quarter Ended 03‐31‐2011  GENERAL FUND    Page 3        OTHER SOURCES AND USES ‐ $95,615      TRANSFERS IN $98,146   YTD Estimated Budget is $209,556   YTD Actual is $307,702    o Payroll Transfers In from Utility Fund  ($12,075)     YTD Estimated Budget is $113,335   YTD Actual is $101,259 (less due to prior explanation of accruals)    o Payroll Transfers In from Visitor Fund  ($12,290)   YTD Estimated Budget $87,246   YTD Actual $74,956 (less due to prior explanation of accruals)    o Transfers In From Utility Fund  $122,512   YTD Estimated Budget $8,975   YTD Actual $131487   Impact fees for Deloitte’s meters – budgeted in PY but installed in CY     VISITORS ASSOCIATION FUND 220 Quarterly Financial Dashboard Quarter Ended 03/31/11 Prior DASHBOARD Year Annual YTD YTD   Actuals BudgetBudget Actuals Adopted A Hotel Occupancy Tax 457,693                   450,000              224,384                 243,930               108.71% Interest/Misc Income 18,284                     28,975 14,448 8,128                    56.26% 475977$478975$238831$252058$10554%TOTAL REVENUES ADOPTED BUDGET 475,977$                478,975$           238,831$             252,058$             105.54% ABased on accrual method POSITIVE > 90% CAUTIOUS 70% ‐ 90% NEGATIVE < 70% Prior DASHBOARD Year Annual YTD YTD   Actuals Budget Budget Actuals Adopted TOTAL LE G E N D EXPENDITURES ADOPTED BUDGET ActualsBudgetBudget ActualsAdopted Operations & Maintenance245,700                   241,962120,65078,587 65.14% Capital Outlay ‐                           ‐                           ‐                              ‐                             0.00% 245,700$                241,962$            120,650$              78,587$               65.14% POSITIVE  < 100% CAUTIOUS101% ‐ 110% NEGATIVE > 111% TOTAL LE G E N D NEGATIVE > 111% Prior DASHBOARD Year Annual YTD YTD   Actuals BudgetBudget Actuals Adopted Payroll Transfer Out to GF 174,569 174,971 87,246 74,956 85.91% Transfer Out to Debt Service 179,266 180,944 90,224 45,463 50.39% Transfer Out toCapital Projects 20447 ‐‐‐000% OTHER USES ADOPTED BUDGET Transfer Out to Capital Projects 20,447 ‐                         ‐                            ‐                            0.00% 374,281$                355,915$            177,470$              120,419$             67.85% Prior YearAnnualYTDYTD ActualsBudgetBudgetActuals Net Revenues Over (Under) Expenses  SUMMARY ADOPTED BUDGET TOTAL (144,004)$               (118,902)$           (59,288)$                53,053$                Beginning Fund Balance (audited)1,244,945               1,100,941           1,100,942              1,100,941             Ending Fund Balance1,100,941               982,039              1,041,654              1,153,994             Restricted Funds ‐                                ‐                       ‐                         ‐                              Unrestricted Fund Balance 1,100,941$             982,039$            1,041,654$           1,153,994$           # of Operating Days670                          600                      636                         705                        ()p Including Other Uses Daily Operating Costs 1,643$                     1,638$                 1,638$                   1,638$                   4/20/2011 9:51 AM Town of Westlake  Analysis of Dashboard for Quarter Ended 03‐31‐2011  VISITORS ASSOCIATION FUND   Page 1      REVENUES +$13,227     MOTEL OCCUPANCY TAX INCOME  +$19,546  o YTD Estimated Budget is $224,384  o YTD Actual is $243,930   Prior YTD actual through second quarter was $243,234     MISCELLANEOUS INCOME ($6,320)     Public Arts Income ($3,739)  o YTD Estimated Budget is $3,739  o YTD Actual is $0  o Anticipate fund raising revenues to be received later in the fiscal year     Historical Board Income ($3,372)  o YTD Estimated Budget is $4,986  o YTD Actual is $1,613  o Anticipate fund raising revenues to be received later in the fiscal year      EXPENDITURES ($42,063)     OPERATIONS AND MAINTENANCE ($42,063)     Marriot Marketing and Transportation ($29,917)  o YTD Estimated Budget is $29,917  o YTD Actual is $0  o Based on agreement – no invoices received to date for processing     Public Art Expense ($4,920)  o YTD Estimated Budget is $4,986  o YTD Actual is $66  o Anticipate fund raising expenses to be paid later in the fiscal year          Town of Westlake  Analysis of Dashboard for Quarter Ended 03‐31‐2011  VISITORS ASSOCIATION FUND   Page 2       Resident Survey ($4,861)  o YTD Estimated Budget is $4,861  o YTD Actual is $0  o Expenses related to survey will be paid upon receipt of fiscal year survey     Historical Board Expense ($4,126)  o YTD Estimated Budget is $4986  o YTD Actual is $860  o Anticipate annual fund raising expenses to be paid later in the fiscal year        OTHER USES ($57,051)     PAYROLL TRANSFERS OUT TO GENERAL FUND  ($12,290)     YTD Estimated Budget is $87,246   YTD Actual $74,956  o Actual is less due to year‐end accruals (payment in current year but earned  and booked in prior year)     TRANSFERS OUT TO DEBT SERVICE  ($44,761)     YTD Estimated Budget is $90,224   YTD Actual $45,463  o Remaing payment will be made on May 1st, 2011    UTILITY FUND 500 Quarterly Financial Dashboard Quarter Ended 03/31/11 Prior DASHBOARD Year Annual YTD YTD   Actuals BudgetBudget Actuals Adopted A%Water Revenues 1,592,821             1,908,000          438,980                521,837                118.87% ADOPTED BUDGET REVENUES A%Sewer/Waste Revenues476,638                448,166           195,506              180,715                92.43% Tap/Impact Fee Revenues 32,605                   56,000               27,923                  136,271                488.02% Contributions 46,810                   ‐                          ‐                             ‐                             0.00% Misc Revenues 68,361                   14,600               7,280                    42,086                  578.10% 2,217,235$           2,426,766$       669,689$             880,909$              131.54% (A) Based on accrual method POSITIVE> 90% TOTAL ND(A) Based on accrual method POSITIVE  90% (%) Based on % of PY Actual at quarter‐end CAUTIOUS70% ‐ 90% NEGATIVE< 70% Prior DASHBOARD Year Annual YTD YTD   Actuals BudgetBudget Actuals Adopted Operations & Maintenance1,724,092             1,722,176        858,729              476,241                55.46% ADOPTED BUDGET EXPENSES LE G E N Operations & Maintenance 1,724,092             1,722,176        858,729              476,241                55.46% Capital Outlay19,906                   43,000               21,441                  6,770                    31.58% Capital Projects 67,428                   248,920             124,119                163,739                131.92% IFA/DS Payments 575,464                 253,784             126,545                136,744                108.06% 2,386,890$           2,267,881$       1,130,834$          783,494$              69.28% POSITIVE  < 100% CAUTIOUS 101%‐110% TOTAL GEN D CAUTIOUS 101% ‐ 110% NEGATIVE  > 111% Prior DASHBOARD Year Annual YTD YTD   Actuals BudgetBudget Actuals Adopted Transfer Impact Fees Out to GF ‐                              18,000 8,975 131,487 1464.98% Payroll Transfer Out to GF 241,319 227,292113,335 101,259 89.35% ADOPTED BUDGET OTHER USES LE G Payroll Transfer Out to GF 241,319 227,292 113,335 101,259 89.35% 241,319$              245,292$           122,310$             232,746$              190.29% YTDAnnualYTDYTD ActualsBudgetBudgetActuals (410,974)$             (86,407)$            (583,455)$            (135,331)$             Beginning Fund Balance 1,780,047             1,369,073        1,369,073          1,369,073              Net Revenues Over (Under) Expenses  ADOPTED BUDGET SUMMARY TOTAL gg ,,,,,,,, Ending Fund Balance1,369,073             1,282,667          785,620                1,233,742              Restricted Fund Balance 135,000                 135,000             135,000                137,830                 Unrestricted Fund Balance 1,234,073$           1,147,667$       650,620$             1,095,912$           # of Operating Days 195                        208                     128                       200                         Daily Operating Cost 7,016$                   6,154$               6,154$                  6,154$                   4/20/2011 9:51 AM Town of Westlake  Analysis of Dashboard for Quarter Ended 03‐31‐2011  UUTTIILLIITTYY  FFUUNNDD    Page 1        REVENUES   +$211,220    WATER REVENUES   +$82,857   YTD Estimate Budget $438,980   YTD Actual $523,072  o Dry season has caused increased usage.    TAP/IMPACT FEES   +$108,348   YTD Estimate Budget $27,923   YTD Actual $136,271  o Deloitte meters budgeted in PY – installed in CY  o Total charge for Deloitte (water/sewer taps and impact fees = $134,271)     MISCELLANEOUS INCOME $34,806   YTD Estimate Budget $7,280   YTD Actual $42,086  o Duct Bank Lease payment received $34,275 (Based on cash basis.  We will  recognize 9 months in the current year and defer the remaining revenue until  we recognize each year over the 5 year term of the lease)                                Town of Westlake  Analysis of Dashboard for Quarter Ended 03‐31‐2011  UUTTIILLIITTYY  FFUUNNDD    Page 2      EXPENSES    ($347,340)    OPERATIONS AND MAINTENANCE  ($382,488)     Water Purchases ($224,591)  o YTD Estimated Budget $361,506  o YTD Actual $136,916   This is a seasonal expense     Expense will increase during hotter summer months      Peak Payments ($59,448)  o YTD Estimated Budget $162,553  o YTD Actual $103,105   Same base charge each month and settle up at the end of the year.     TRA Wastewater Treatment ($36,651)  o YTD Estimated Budget $143,106  o YTD Actual $106,455   Historically, expense will increase during last 2 quarters of the year     Southlake Wastewater Treatment ($24,349)  o YTD Estimated Budget $44,876  o YTD Actual $20,526   Historically, expense will increase during remaining  quarters of the  year     Electricity ‐ Pump Station ($14,272)  o YTD Estimated Budget $34,904  o YTD Actual $20,631   This is a seasonal expense     Expense will increase during hotter summer months            Town of Westlake  Analysis of Dashboard for Quarter Ended 03‐31‐2011  UUTTIILLIITTYY  FFUUNNDD    Page 3      EXPENSES continued    CAPITAL OUTLAY   ($14,671)     Water Taps ($9,473)  o YTD Estimated Budget $17,452  o YTD Actual $0   Based on new home construction   Ordered on an as needed basis      Water Meters ($5,007)  o YTD Estimated Budget $11,468  o YTD Actual $6,460   Based on new home construction   Ordered on an as needed basis     CAPITAL PROJECTS    +$39,260     Project #30 ‐ N1 Sewer Line Transfer  ($63,326)  o YTD Estimated Budget $63,326  o YTD Actual $0   Project has not begun     Project #31 ‐ N1 Sewer Line Transfer  ‐ Inflow/Infiltration Repairs ($44,399)  o YTD Estimated Budget $60,793  o YTD Actual $16,394   Project is just starting     Project #32 ‐ Stagecoach Hills Waterline Connections +$147,345  o YTD Estimated Budget $0  o YTD Actual $147,345    This project was scheduled to be completed during FY 09/10; however,  inclement weather and easement dedication delayed the project into  the current fiscal year.       Town of Westlake  Analysis of Dashboard for Quarter Ended 03‐31‐2011  UUTTIILLIITTYY  FFUUNNDD    Page 4      EXPENSES continued    INTERFUND ADVANCE /DEBT SERVICE PAYMENTS     ($10,199)     48806 ‐ IFA Debt Payment to 4B Fund ($14,825)  o YTD Estimated Budget $14,825  o YTD Actual $0   Repaying $29,731 annually thru 8/15/2019   Payment is transferred to 4B at year‐end       48820/48821 – Debt Service Keller Overhead Storage Interest/Principal +$58,600  o YTD Estimated Budget $57,868  o YTD Actual $116,468   Annual Payment made in March 2011       48821/48823 – Debt Service Hillwood/Town Service Areas ($33,576)  o YTD Estimated Budget $53,852  o YTD Actual $20,276   This is a seasonal expense in direct correlation with water revenues     Expense will increase during hotter summer months.    OTHER USES   $110,436    TRANSFERS OUT   $110,436     Transfers out to General Fund – Impact Fees ‐  $122,512  o YTD Estimated Budget $8,975  o YTD Actual $131,487   Deloitte meters budgeted in PY – installed in CY     Payroll Transfers out to General Fund ($12,075)  o YTD Estimated Budget $113,335  o YTD Actual $101,259   Actual is less due to year‐end accruals (payment in current year but     earned and booked in prior year)  DISCUSSION ITEMS a. Presentation and discussion regarding the Texas Student Housing Authority. b. Discussion and review of the process for amending/updating the Town’s. Comprehensive Plan. c. Discussion of a proposed Development Agreement with Hillwood Alliance Services for various Ottinger Road and Dove Road Public Improvements. d. Discussion of Town communication efforts and resources. e. Discussion of 2011 DirectionFinders Citizens’ Survey Instrument. Town of Westlake Item # 5 – Discussion Items Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Town Manager Meeting Date: April 25, 2011 Staff Contact: Tom Brymer, Town Manager Discussion Subject: Status Report, Update, and Discussion Regarding the Texas Student Housing Authority The Texas Student Housing Authority (TSHA) will present a status report and update on their agency, an instrumentality of the Town whose Board is appointed by the Town Council. TSHA representatives will be present at the Town Council’s workshop for this presentation, to answer questions, and discuss the TSHA with the Council. The Town Council last held a similar session with TSHA on May 21, 2009. This agenda item carries out the Town Council’s Citizen Advisory Board/Committee/Affiliate Relations and Communications Policy adopted December 8, 2008. EXECUTIVE SUMMARY Inviting Residential and Corporate Neighborhoods APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders Hospitality Finds its Home in Westlake Funded Not Funded N/A FISCAL IMPACT Note: The financial status of TSHA will be covered in this presentation. Staff recommends that the Council utilize Section III A of its Citizen Advisory Board/Committee/Affiliate Relations and Communications Policy which reads as follows: RECOMMENDATION / ACTION REQUESTED/ OPTIONS All TC/BOT advisory boards, committees, commissions, and affiliate organizations shall Meet at least annually with the TC/BOT to: 1.) Report on progress to date in implementing that group’s program of work for the current fiscal year. 2.) Review a proposed program of work for the coming fiscal year as well as submit any budget requests and requested staff resources for this proposed program of work. Said program of work will be discussed within the context of the organization’s program of work carrying out the TC’s/BOA’s strategic plan for both the Town and Westlake Academy. All funding requests should be submitted not later than the July 1st prior to the upcoming fiscal year. Requests received after that time will not be considered until the following fiscal year. 3.)Review fund raising activities underway or planned to support the current or proposed plan of work. 4.) The chair of each advisory board, committee, and/or affiliate organization shall schedule this annual meeting (or more frequent if needed) through the Town Secretary’s office. The TC/BOT may choose to hold these meetings one or two times per year. 5.) All affiliates of Westlake Academy, prior to meeting with the TC/BOT, will meet with the Head of School to make sure they their proposed efforts are coordinated through the Head of School and his/her designates. Page 2 of 2 1.) Town Council’s Citizen Advisory Board/Committee/Affiliate Relations and Communications Policy. ATTACHMENTS 2.) Minutes from Town Council’s May 21, 2009 when it last met with TSHA representatives.           2008 Town of Westlake /  Westlake Academy  Town Council / Board of Trustees   CITIZEN ADVISORY  BOARD/COMMITTEE/AFFILIATE RELATIONS  AND COMMUNICATIONS POLICY      1  (adopted December 8, 2008)  CITIZEN ADVISORY BOARD/COMMITTEE/AFFILIATE  RELATIONS AND COMMUNICATIONS POLICY    Contents    I.   POLICY PURPOSE. ................................................................................................................................... 2  II.   POLICY GOALS. ........................................................................................................................................ 2  III.   POLICY PARAMETERS ............................................................................................................................. 2  A. Annual Meeting with Board. ............................................................................................................ 2  B.   IRS Tax‐Exempt Status Requests. ..................................................................................................... 3  C.   Use of Town and Academy Name, Resources, and Logos. .............................................................. 3  D.   Fiduciary/Stewardship Responsibilities and Requirements. ........................................................... 3    2  (adopted December 8, 2008)  I.   POLICY PURPOSE. To establish a clear framework and process for enhanced collaborative interaction, communication, and mutual understanding of roles and responsibilities between the Town Council (TC) and the Board of Trustees (BOT) and their various citizen advisory boards, commissions, committees, and organizations affiliated with the Town of Westlake and/or Westlake Academy. II.   POLICY GOALS. The goals of this policy are: A. Enhanced two-way communication between the TC/BOT and its various advisory boards, commissions, committees and affiliate organizations (and vice versa). B. Reaching mutual agreement regarding annual programs of work for these various citizen advisory boards, commissions, committees, and affiliate organizations to enhance and assist in the pursuit of the TC’s/BOT’s strategic priorities. C. Achieving a common paradigm that all advisory boards, commissions, committees, and affiliates of the Town of Westlake and Westlake Academy exist to further the TC/BOT strategic agenda and are under the direct control of BOT/TC or, if they are a Westlake Academy affiliate, are under the day-to-day direction of the Head of School. D. Creating a clear understanding, coordination, and agreement by the TC/BOT and its citizen advisory boards, commissions, committees, and affiliate organizations as to each group’s role, function, and scope of responsibility in terms of their relationship to the Town of Westlake and/or Westlake Academy. E. Establishing a direct link between Westlake Academy, its Head of School, and the Academy’s Senior Management Team as being the first point of contact for coordinating the activities of Westlake Academy affiliates. III.   POLICY PARAMETERS. To achieve this policy’s purpose and goals, the following parameters are put in place: A. Annual Meeting with Board. All TC/BOT advisory boards, committees, commissions, and affiliate organizations shall meet at least annually with the TC/BOT to: 1.) Report on progress to date in implementing that group’s program of work for the current fiscal year 2.) Review a proposed program of work for the coming fiscal year as well as submit any budget requests and requested staff resources for this proposed program of work. Said program of work will be discussed within the context of the organization’s program of work carrying out the TC’s/BOA’s strategic plan for both the Town and Westlake Academy. All funding requests should be submitted not later than the July 1st prior to the upcoming fiscal year. Requests received after that time will not be considered until the following fiscal year. 3.) Review fund raising activities underway or planned to support the current or proposed plan of work. 3  (adopted December 8, 2008)  4.) The chair of each advisory board, committee, and/or affiliate organization shall schedule this annual meeting (or more frequent if needed) through the Town Secretary’s office. The TC/BOT may choose to hold these meetings one or two times per year. 5.) All affiliates of Westlake Academy, prior to meeting with the TC/BOT, will meet with the Head of School to make sure they their proposed efforts are coordinated through the Head of School and his/her designates. B.   IRS Tax­Exempt Status Requests.  All advisory committees, commissions, boards, and affiliates seeking tax-exempt status from the Internal Revenue Service 501(c)3 must receive prior approval from the TC/BOT. When submitting a request to the TC/BOT to apply for this IRS 501(c)3 status, the organization wishing to apply must be able to demonstrate and illustrate to the TC/BOT the benefits of this status for achieving TC/BOT strategic priorities as well as the advantages of this designation not currently afforded by the Town’s existing tax- exempt status. Further, the organization requesting to apply for this 501(c)3 status must be able to demonstrate to the TC/BOT their organizational capacity to administer and comply with all IRS regulations related to this status on an on-going basis. C.   Use of Town and Academy Name, Resources, and Logos.  Any advisory board, commission, or committee, as well as affiliate organizations of the Town or Westlake Academy, that wish to begin using the Town or Academy’s name or logo in their operational efforts must receive prior approval from the TC/BOT. Said approval can be withdrawn at any time by the TC/BOT. Additionally, any on-going use of Town facilities, resources, and staff by an advisory committee, commission, board, or affiliate must be requested through the Town Manager’s office and is subject to his/her approval prior to on-going utilization of those resources. Requests to add organizations covered by this policy to the Town’s insurance policy shall be submitted to the Town Manager for his prior approval before any insurance coverage is extended. If approved, the annual cost of this insurance shall be borne by the requesting organization. Requests to add staff to support any advisory board, commission, committee, or affiliate shall be made through the Town Manger’s office as a part of the annual budget preparation process and must be approved in advance by the TC/BOT. This request will include the identification of funding resources to pay for this position, the operational reporting arrangement for this position, and which payroll/insurance program this position will fall under. D.   Fiduciary/Stewardship Responsibilities and Requirements. All advisory boards, commissions, committees, and affiliates that expend funds through their own bank accounts must first have TC/BOA approval to have separate bank accounts. All such groups will also submit their financial control procedures to the Town Manager or his/her designate for review and approval as to providing acceptable internal control on collection and expenditure of funds from these bank accounts. 4  (adopted December 8, 2008)  Additionally, if this approval for separate bank accounts is authorized by the TC/BOT, a timely annual audit of this account(s) shall be submitted to the Town Manager or his/her designate for presentation to the TC/BOT. Said audit may be conducted by an external CPA auditing firm or may be conducted by the Town’s Director of Finance with that decision being made by the Town Manager depending on staff workload requirements at the time. Since the Westlake Academy Foundation has IRS 501(c)3 status at the time of the adoption of this policy, that organization shall, at its cost, utilize the same external auditor concurrently used to audit Westlake Academy finances. This Westlake Academy Foundation audit shall be prepared on a timely basis for presentation to the TC/BOT at the same time that the Academy’s audit is presented. For those advisory boards, commissions, and committees funded by the TC/BOT through the Town or Academy approved budget, use of approved budgetary allocations shall be made on transaction by transaction basis. That is, the chair or president of that organization will identify the vendor they wish to utilize, contact the Town’s Director of Finance, and submit necessary invoices so that the vendor can be paid by the Town for goods/services rendered to that advisory committee, commission, or board from their TC/BOT approved budget. Use of approved Town budgeted funds by these organizations shall be in accordance with State purchasing statutes and Town purchasing policies. All by-laws for proposed for citizen advisory boards, commissions, committees, and organizations affiliated with the Town of Westlake and/or Westlake Academy shall first be reviewed and approved by the TC/BOT. MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL & TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS JOINT WORKSHOP May 21, 2009 PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Larry Corson, Carol Langdon, Rick Rennhack, and Rebecca Rollins, TSHA Chairman Jim Carter and Directors Jac Irvine, George Ledak (arrived at 6:01 p.m.), Jill McKean, and Chuck Schultz. ABSENT: Council Member Brittan and TSHA Director Melanie Lekkos. OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kim Sutter. TSHA Executive Director Pete Ehrenberg, General Counsel Scott Bradley, and Mr. Allen Moon. 1. CALL TO ORDER. A. Town Council Mayor Wheat called the workshop to order at 5:51 p.m. B. Texas Student Housing Authority Chairman Carter called the workshop to order at 5:51 p.m. 2. HEAR AND DISCUSS OVERVIEW OF TEXAS STUDENT HOUSING AUTHORITY SCHOLARSHIP PROGRAM. Executive Director Ehrenberg addressed the Council and the Board regarding the item. Mr. Ehrenberg reviewed the original goal of the scholarship program and how the program has evolved to today’s statewide scholarship offerings. Discussion ensued regarding the goals and expectations of the program from the onset and as it exists today, and the TSHA property finances. Town of Westlake Town Council Page 2 of 4 & TSHA Board of Directors Joint Workshop Minutes May 21, 2009 3. DISCUSS AND REVIEW CURRENT STATUS OF TEXAS STUDENT HOUSING AUTHORITY SCHOLARSHIP PROGRAM AND FINANCIAL OUTLOOK REPORT PREPARED BY THE EXECUTIVE DIRECTOR. Executive Director Ehrenberg reviewed the financial outlook for each of the properties: - Cambridge o Project 100% occupancy for 2009/10 school year o Rental rates increased o Tax exempt status for 2009 has been denied by Brazos County ƒ Protest has been filed on both property and personal property valuations o Repair and Replacment and Debt Service Reserves Funds are fully funded Discussion ensued regarding the Brazos County tax-exempt denial and the impact to the program, and the current status of the bonds. - Ballpark at Austin o Project 97% occupancy for 2009/10 school year o Rental rates increased slightly o 2009/10 net cash flow is expected to remain unchanged o MBIA has retained Cushman & Wakefield to conduct an appraisal review with the possiblility of selling the property if the property meets MBIA criteria ƒ Analysis by Asset Plus indicates the market value is $16.2 o Repair and Replacment fund is depleted o Debt Service Reserve balance is $1.68 million Executive Director Ehrenberg advised that he has met with MBIA, the insurer of the senior bonds at the Ballpark, regarding the possiblity of selling the property. The property appraisal came in at $19.5 to $20.5 million. - Town Lake at Austin o Project 97% occupancy for 2009/10 school year o 2009/10 net cash flow is projected to decrease by $16K o MMA has approached to TSHA indicating a willingness to suspend the interest payments on A2 bonds ($33K month) if TSHA will forego Asset Management Fee of $28K/year ƒ A2 Interest payment suspension will trigger an Event of Default ƒ Will give MMA greater input as to the direction of the property, including possible foreclosure action o Repair and Replacement fund balance is $378K o Debt Service Reserve balance is $400K ƒ Currently using $45 to $50K monthly Town of Westlake Town Council Page 3 of 4 & TSHA Board of Directors Joint Workshop Minutes May 21, 2009 Discussion ensued regarding the impact of foregoing the asset management fee of $28K year. Chair Carter stated that he supports a more proactive approach in dealing with MMA concerning the Town Lake property. With no objections, Mayor Wheat stated that she would meet with the Town Manager to discuss possible options for moving forward with regard to the MMA’s proposal. Director Irvine stated that he would like to make sure that TSHA does not lose site of the original goal of offering scholarships and obtaining enough revenue to cover the administration costs. Chairman Carter suggested a financial analysis be performed on the San Marcos property to determine how valuable the property is to the owner. Mayor Wheat suggested that a committee be formed consisting of two (2) members of the Council, two (2) members of the TSHA Board and a couple of members from the community to discuss possible alternative options with regard to financing of the projects. Discussion ensued regarding the flow of funds related to the Authority. Although not discussed, the following information was presented to the Council and the Board regarding The Ridge at Denton O Project 81% occupancy for 2009/10 school year O 2009/10 net cash flow is projected to be $537K less than FY 2008/09 O Repair and Replacement funds is depleted O Debt Service Reserve fund balance is $2.3 million 4. DISCUSS AND REVIEW REQUEST BY MUNIMAE FINANCIAL TO FOREGO ASSET MANAGEMENT FEES FOR THE TOWN LAKE PROPERTY. See item #3 with regard to the Town Lake property. 5. CONSIDER AND TAKE ACTION REGARDING REQUEST BY MUNIMAE FINANCIAL TO FOREGO ASSET MANAGEMENT FEES FOR THE TOWN LAKE PROPERTY. A. Texas Student Housing Authority. MOTION: Director Irvine made a motion to table consideration of the item. Director Ledak seconded the motion. The motion carried by a vote of 5-0 Town of Westlake Town Council Page 4 of 4 & TSHA Board of Directors Joint Workshop Minutes May 21, 2009 6. ADJOURNMENT. A. Town Council There being no further business, Mayor Wheat adjourned the workshop at 8:24 p.m. following discussion of item #3. B. Texas Student Housing Authority There being no further business, Chair Carter adjourned the workshop at 8:27 p.m. APPROVED BY THE TOWN COUNCIL ON JUNE 8, 2009. _________________________________________ Laura Wheat, Mayor ATTEST: ___________________________________ Kim Sutter, TRMC, Town Secretary Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Planning & Development Meeting Date: April 25, 2011 Staff Contact: Eddie Edwards, Director Discussion of Planning & Development Subject: Presentation and Discussion of a Work to Date and Going Forward Process for Amending/Updating the Town’s Comprehensive Plan This topic was last discussed with the Town Council at its November 9, 2009 workshop where a suggested process for amending the Town’s comprehensive Plan was presented by staff along with background information on the importance and purpose of a comprehensive plan and regularly updating it. In addition to the content of any comprehensive plan amendments, the process used to amend/update it is very important as it shapes the outcome produced as well as the community consensus behind it. The purpose of this agenda item is to provide an update to the Town Council on staff work to date on updating the Town’s Comprehensive Plan and review the going forward process from this point. EXECUTIVE SUMMARY Contained in the Town’s Adopted Strategic Plan under the Vision Point “Inviting Residential & Corporate Neighborhoods”, in the Key Result Area “On-going Comprehensive Planning” is an Outcome Strategy for Updating/Amending the Town’s Comprehensive Plan. The current Comprehensive Plan was formulated and put in place in the late 1990’s. Attached is information presented to the Town Council at its November 9, 2009 workshop giving background on this Key Result Area. Inviting Residential and Corporate Neighborhoods APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders Hospitality Finds its Home in Westlake Funded Not Funded N/A FISCAL IMPACT Note : while some Town funding is available for this effort, the amount needed will depend on the scope desired going forward as well as whether any private funding participation is available and desired by the Town. That the Council receive a status report and provide feedback on staff work to date on this effort as well as discuss and provide direction on the process going forward on this initiative. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Page 2 of 2 ATTACHMENTS 1. Draft Town Comprehensive Plan text to be delivered under separate cover (note: this is text only establishing comprehensive planning guidelines on a number of topics ranging from growth, circulation, land use, housing, etc. Exhibits and maps have not been formulated as of yet) 2. Copy of current Town Comprehensive Plan (sent under separate cover). 3. Page 8 of the Adopted Town Strategic Plan related to amending/updating the Town’s Comprehensive Plan. 4. Flow chart of the proposed process for amending and updating the Comprehensive Plan. 5. Memorandum dated 11-3-09 from the Town Manager to the Town Council re: issues and considerations in arriving at a process for amending the Comprehensive Plan. 6. Fact sheet on comprehensive planning from Ohio State University. Outcome Strategies: 1. Update master plans to guide development and provide a framework for future projects; promote the Master Plan as a community focal point — Short & Mid-Range Goals. Team Co-Leaders: Tom Brymer / Eddie Edwards Objective 1.1: Develop RFP for master plan review. Estimated Completion Date: Spring, 2010 Objective 1.2: Work with consultant to draft the master plans — form community/staff task force. Estimated Completion Date: Winter, 2010 Key Result Areas and Outcome Strategies Glenwyck Park Vaquero 2. Precinct Line Road construction — Mid-Range Goal. Team Leader: Jarrod Greenwood Objective 2.1: Facilitate stakeholder meetings to communicate project status and engage community members. Estimated Completion Date: Fall, 2009 Objective 2.2: Finalize construction plans with TxDOT; TxDOT bid placement. Estimated Completion Date: Summer, 2010 Objective 2.3: TxDOT commences construction. Estimated Completion Date: Winter 2010 Page 8 2009 ON-GOING COMPREHENSIVE PLANNING — Ensure the master plans are continually updated and reviewed to enhance the development of the Town. Outcome Measure: All master plan documents are not more than 5 years old. Vision Point One—Inviting Residential and Corporate Neighborhoods “We are limited, not by our abilities, but by our own vision.” - Anonymous SENSITIVITY TO NEIGHBORHOOD INTEGRITY — Maintain the high standards of neighborhood planning and residential construction to foster the Town’s unique character and rural atmosphere. Outcome Measure: Utilize the 2009 Direction Finder survey to establish a benchmark measure for neighborhood integrity. Outcome Strategies: 1. Promote and develop landscaped entrances to neighborhoods — Mid-Range Goal. Team Leader: Troy Meyer Objective 1.1: Review and update ordinances and Unified Development Code for all landscaping requirements which would include, but not limited to: irrigation systems, plans, trees, xeriscape concepts, water features, lighting, gates, and signs. Estimated Completion Date: Spring, 2010 1 MEMORANDUM Date: November 3, 2009 TO: Honorable Mayor and Council FROM: Tom Brymer, Town Manager/CEO Westlake Academy SUBJECT: Issues and Considerations for Discussion Regarding the Process Used for Amending the Comprehensive Plan As the Council moves forward on this Outcome Strategy in its Strategic Plan, it is important to have some Council discussion on the process used to amend/update the Town’s Comprehensive Plan. The Town’s current Comprehensive Plan was put in place in the late 1990’s. Regarding terminology, often the terms “comprehensive plan” and “master plan” are used interchangeably in municipal work. Generally speaking, these terms are describing the same thing, however, in this memo the term comprehensive plan is utilized. Following are some factors that should be taken into consideration as the Council and staff discusses a process for moving this important work forward: Why Update/Amend the Comprehensive Plan? A comprehensive plan is one of the Town’s most important tools for guiding the growth, development, composition, and physical appearance of the Town. Zoning decisions should be based off of the comprehensive plan. It is also important for a municipality to review its comprehensive plan on a regular basis so it remains relevant as an easily used working tool for guiding planning and development for the staff, development community, Council, our business community, residents, and the Planning & Zoning Commission. Over time, development practices and trends can create circumstances that warrant a fresh look and discussion of the comprehensive plan. Examples of changes that often warrant re-looking at a comprehensive plan can include: types of single family housing due to the retiring “baby boomers, new transportation infrastructure such as a new major roadway corridors or interchanges, public transit options that affect land use, and mixed use. How Often Should the Comprehensive Plan be Updated/Amended? As a general rule, it is a good idea to have a thorough review, update, and amendment of a comprehensive plan at least every 5-10 years, particularly if there has been a significant level of development activity and/or a change of conditions present in the community over that time period. An opportune time to 2 update and amend a comprehensive plan is when development activity is at a low level. It is much harder to undertake an effort like this when development activity is booming, if for no other reason than the amount of staff time this effort requires. What are the Components of Comprehensive Plan? While there may be some variation between communities as to what comprises their comprehensive plan, generally most plans contain the following parts:  a thoroughfare plan including basic street types (thorough fares, arterials, collectors, residential streets) and standards which can also include landscaping and streetscaping requirements for the various street types  a parks and open space plan (note: this should cover both private and public open space)  a bicycle/pedestrian plan that is integrated with a trail plan  a land use plan including a land use inventory of existing uses and those that might be desired in the future  a water and sewer utility plan (the land use plan helps to determine this)  storm water/drainage plan (note: the land use plan helps determine this and this should be linked to the trail plan) What Should the Scope of the Comprehensive Plan Amendment/Update Be? This varies from community to community depending on several factors including, but not limited to:  the component parts of the comprehensive plan mentioned above  how much development activity has occurred since the comprehensive plan was last re-visited in a systematic manner  how much change has occurred in market conditions, development practices and land use practices since the last major comprehensive plan review  do we know what the build/out analysis shows in the way of financial sustainability for the municipality under the current comprehensive plan?  how much public input does the Council desire for this process?  how web based the amended/plan is desired to be (note: the trend today is for the municipality’s plan to be very accessible via the web)  how much existing data and previous planning work can be utilized in the plan update/amendment  does the municipality want a build-out analysis performed on recommended land use scenarios for the updated/amended plan  how much value is placed on outside expertise, perspective, and knowledge of best practices in urban planning as the plan is updated and amended 1 Ohio State University Fact Sheet Community Development 700 Ackerman Road, Columbus, OH 43202-1578 Comprehensive Planning CDFS-1269-99 Land Use Series John B. Conglose Community Economic Development Agent Huron County Ohio State University Extension Introduction An old saying amongst those in the planning profession is that if you fail to plan, in reality what you are doing is planning to fail. Communities are always facing this dilemma. If the community you work, play, and live in does not have a plan for its future, what ultimately may happen is that the community will fail to adapt to change. The community will fail to take advantage of opportunities. The concept of comprehensive planning is very much related to the economic prosperity of communities. A comprehensive plan can be used as a tool to plan for the future growth or decline of a local community. Most importantly, it can be used as a tool to address the constant change and evolution of a community. Comprehensive plans are sometimes referred to as land-use plans, because in many cases they are dealing with issues related to the appropriate uses of land. In many cases, comprehensive plans are prepared to address compatibility issues between various uses of land, management and preservation of natural resources, identification and preservation of historically significant lands and structures, and adequate planning for infrastructure needs. In other instances, comprehensive plans are utilized to address issues related to schools, recreation, and housing. 2 History of Comprehensive Planning The issue of comprehensive planning in the United States has been addressed since the birth of the country. The original Williamsburg was one of the first highly successful products of an attempt to create a land-use plan in the colonies. In 1699, Williamsburg was laid out under the most detailed piece of town-planning legislation adopted in the English Colonies up to that point. Williamsburg reflected what is referred to as "axial planning," which means that it is formal, yet not pompous.1 Many consider the modern phase of American City Planning dated to the Columbian Exposition of 1893. The modern era of planning for growth and development began, however, in 1900, when, at an annual meeting of the American Institute of Architects in Washington, D.C., several papers were presented dealing with the beautification of government buildings in the capital. This resulted in the appointment of a committee responsible for the work of preparing a plan for the District of Columbia's park system. A final plan for the District Park System was completed in 1901. The impression left from this final plan was shared with many cities and villages throughout the country. Public improvement groups in these communities were created and became devoted to applying a new gospel of planning in communities. This early concept of this process was referred to as the "City Beautiful Movement." This movement established two aspects of the local comprehensive planning process that are still in use today -- the professional consultant in the field of comprehensive land-use planning and the planning commission, many of which are in existence in communities all across the country. The City Beautiful Movement was the beginning of what is more commonly referred to today as "Comprehensive Planning." 2 What Is a Comprehensive Plan? Comprehensive planning is an attempt to establish guidelines for the future growth of a community. The term comprehensive means exactly what it says. It should be a comprehensive or all-inclusive approach at addressing the issue of the future growth of a community. A comprehensive plan is the document that is the final product from the efforts of this process. The document is official in nature, meaning that some form of local government should adopt it into local law. The document should then be used as a policy guide to decisions about the development of the community. According to William I. Goodman, a well-known author on the subject of comprehensive planning, the key principle in the concept of the comprehensive plan is that it is an instrument to be used by those leaders in a community who establish the policies and make the decisions regarding physical development. According to Goodman, there are six basic requirements which the plan document should fulfill: 1. The plan should be comprehensive. 2. The plan should be long-range. 3. The plan should be general. 4. The plan should focus on physical development. 5. The plan should relate physical design proposals to community goals and social and economic policies. 6. The plan should be first a policy instrument, and only second a technical instrument.3 3 Goodman goes on to say that there are six basic requirements to the procedure for creating a comprehensive plan: 1. There should be only one official comprehensive plan. 2. The plan should be formally adopted by the legislative body. 3. There should be a lengthy period of public debate prior to adoption. 4. The plan should be available and understandable to the public. 5. The plan should be formulated so as to capitalize on its educational potential.4 What Is Included Within a Comprehensive Plan? The elements of a comprehensive plan can vary from community to community. In most cases though, the plan consists of a study of existing conditions and a discussion of future trends, goals, and objectives. Land-use patterns, housing conditions, population, roadways, and other infrastructure are usually the principle elements that are studied. In some cases, educational facilities along with recreation and other government facilities are reviewed. Social service facilities can also be discussed. Comprehensive plans deal with the land-use related issues relevant to each of these topics. The Comprehensive Planning Process A comprehensive plan should be a vision of what a community is to be in the future. The process of developing this plan should be a community-wide effort. All interest groups should have a part in determining what this vision should be. Goals and objectives should be developed along with a time frame for implementation. The contents of a comprehensive plan can vary from community to community but in most cases, it should consist of the following elements: land use -- both existing and future; demographics -- existing and projected; housing; infrastructure; education; recreation; and thoroughfares. The first phase of the process consists of collecting all available data on these topics. A citizens participation process should also be developed. After analyzing all existing data and taking input from the citizenry into consideration, goals and objectives can then be developed. Getting Organized Before any work begins on the comprehensive plan, a leader should be appointed to coordinate this project. A committee should also be appointed to provide direction to the person or persons held responsible for developing the plan. A popular scenario is to have the county commissioners or village (city) council appoint the committee and assign the task of leading the process to an administrative department head or consultant. Data Collection One of the first steps in the comprehensive planning process is to collect data on existing conditions. The data that is to be collected should relate to each of the elements that will make up the plan. For example, obtaining existing zoning maps or existing land-use maps that have been 4 developed in the past can be a starting point for reviewing current land-use information. If this information is not available, then a survey of the existing uses of land may have to be conducted. A classification system must then be developed that identifies the various types of land use that are in existence. Typically, existing land uses can be identified as falling into three major categories -- residential, commercial, or industrial. Additional categories can include recreation/open space, agricultural, and government. You can then break down each of the three or more categories into other classifications within each category. For example, you can have multi-family (meaning more than one unit) and single family as two classifications within the residential land-use category. The industrial land-use category can be divided into heavy industrial classifications or light industrial classifications. Each parcel of land within the community should be classified and identified on a map with a specific classification. If housing is an element of the comprehensive plan, data must also be collected regarding existing housing in the community. Information pertaining to conditions, age, number of units, whether or not each unit has adequate plumbing and kitchen facilities, whether the unit is owner- or renter-occupied could be relevant information. Most of this data could be obtained from available U.S. Census Bureau information. This is also true for collecting data related to the demographics of the community population. However, a more detailed house- by-house survey may also be desired. If a study of transportation is going to be part of the comprehensive plan, then a review of the existing roadway system in the community can be conducted. This can be initiated by reviewing existing maps of the community. As part of the transportation element, a review of current transportation services can also be included. Various types of data collection can be used, depending upon what elements are to be included in the comprehensive plan. It is important to remember that most information is readily available through a number of sources. Analyzing Data Once all of the data has been collected, the next step in the comprehensive planning process is to analyze the data. The coordinator and committee should take time to study data that has been collected in each of the various categories. The data should be analyzed for trends or other types of significant points. Upon thorough review and analysis, the next step in the process is to come up with goals and objectives. Goal Setting The comprehensive plan should conclude with a set of recommendations established by the committee. The recommendations should be in the form of goals and objectives. The objectives should consist of strategies to address each of the goals that have been established. Citizen Participation Throughout the entire comprehensive planning process, citizen input should be obtained. 5 After all, the comprehensive plan is a document for the community. The citizens of the community should have a say as to what their community should be like in the future. There are a number of ways to obtain citizen input. A series of open forums or public meetings is a good way to obtain public comment. News releases explaining what is being worked on and inviting written comments are other ways to obtain input from the public. Many communities include a citizen survey as part of the comprehensive planning process and incorporate the results into the body of the plan. Citizen input helps to determine the goals and objectives of the plan. Conclusion In 1972 President Nixon appointed a Citizen's Advisory Committee on Environmental Quality. This committee established a task force to study land use and urban growth. The task force consisted of prominent people at the time, including Lawrence S. Rockefeller from the famous Rockefeller family and Mayor Pete Wilson from the city of San Diego, California. Other appointees were experts on various subjects from the academic, legal, banking, land development, and conservation communities. A nine-month study was funded by a grant from the Rockefeller Brothers Fund. A final report was published entitled The Use of Land: A Citizen's Policy Guide to Urban Growth. A major conclusion of this study and ensuing report was that land is a basic resource on which human activity ultimately depends. Planning its wise use is considered to be the best tool to aid citizens to guide growth toward achieving economic benefits and protecting environmental quality.5 This conclusion is still true 27 years later. Comprehensive planning is a tool that citizens can use to achieve this goal. Where to Get More Information About Comprehensive Land-Use Planning American Planning Association, 122 South Michigan Avenue Suite 1600, Chicago, IL 60603, 312-431-9100, fax 312-431-9985. www.planning.org. Ohio Planning Conference, 129 South Third Street Suite 510, Columbus, OH 43215-7100, 614- 221-4349. Ohio State University Extension, Community Development, 700 Ackerman Road Suite 235, Columbus, OH 43202-1578, 614-292-8436. http://www-comdev.ag.ohio-state.edu/. References Principles and Practices of Urban Planning. 1968. William I. Goodman, Ed., and Eric C. Fruend, Assoc. Ed. Chicago, Ill. International City Managers Association. How Will America Grow? A Citizen Guide to Land-Use Planning. 1976. Citizens Advisory Committee on Environmental Quality. Washington, D.C. The Practice of Local Government Planning. 2nd. Ed. 1988. Frank S. So and Judith Getzels, Eds. Chicago, Ill. International City/County Management Association. 6 The Small Town Planning Handbook. 2nd. Ed. 1995. Thomas L. Daniels, John W. Keller, and Mark B. Lapping. Chicago, Ill. American Planning Association Press. 1 William I. Goodman, Ed., and Eric C. Fruend, Assoc. Ed. Principles and Practices of Urban Planning. Chicago, Ill. International City Managers Association. 1968. p. 1. 2 Ibid. 3 Ibid. 4 Ibid. 5 Citizens Advisory Committee on Environmental Quality. How Will America Grow? A Citizen Guide to Land-Use Planning. Washington, D.C. April 1976. All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era veteran status. Keith L. Smith, Associate Vice President for Ag. Adm. and Director, OSU Extension. TDD No. 800-589-8292 (Ohio only) or 614-292-1868 | Ohioline | Search Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Town Manager Meeting Date: April 25, 2011 Staff Contact: Tom Brymer, Town Manager Discussion/Regular Workshop Subject: Discussion of a Proposed Development Agreement with Hillwood Alliance Services for Various Ottinger Road and Dove Road Public Improvements Regular Meeting Consideration of a Resolution Approving a Development Agreement with Subject: Hillwood Alliance Services for Various Public Improvements to Dove and Ottinger Roads On March 28, 2011 the Town Council approved a Memorandum of Understanding (MOU) with Hillwood Alliance Services (Hillwood) for various public improvements to Ottinger and Dove Roads. The terms of this MOU included a requirement that within thirty (30) days from the date of approval of the MOU, both the Town and Hillwood would convert this MOU into a development agreement approved by both parties. Under the terms of this agreement, Hillwood will invest $4,665,818 in improvements to these roadways over the next thirty (30) months. This investment will be carried out in a series of seven (7) projects over a thirty (30) month time period. The first four (4) of these projects center on Ottinger Road improvements, improvements to the Pearson/Dove Road intersection, as well as improvements to the bridge/culvert structure located at Paigebrooke Creek and Dove Road. The Ottinger Road improvements will involve lane/road widening for added turn lanes along Ottinger Road, in front of Westlake Academy south along Ottinger Road toward the Deloitte University rear access drive. It will also include adding a northern access lane on Ottinger Road for turning into Westlake Academy. Later in this thirty (30) month time frame, various improvements will be done to sections of Dove Road and the Dove Road/Ottinger Road intersection. Hillwood’s investment is estimated based on the Town’s minimum standards. As design progresses, the Town can elect, subject to Town Council approval, to fund amounts over and above Hillwood’s $4.6 million if it chooses to exceed Town minimum design standards (for example, build a round about as opposed to a standard “T” intersection. EXECUTIVE SUMMARY Hillwood will serve as project manager, with the Town having plan approval authority and design oversight through a joint design review committee. The Town will receive monthly reports on all Hillwood expenditures for this partnership. As design details for these improvements are developed, they will be shared with the Westlake community. The $4.6 million in road improvements will be in lieu of Hillwood building a westerly road for the Deloitte University - Ottinger Road entrance per the terms of a June 2008 development agreement between the Town and Hillwood. The amount of traffic generated by Deloitte University is similar to the traffic amount generated by Westlake Academy. Additionally, Deloitte University is working with the Town to stagger employee shift changes so that traffic to their service entrance on Ottinger Road will have minimal impact on Westlake Academy peak traffic times. Since the March 28th Town Council approval of the MOU, an email blast was sent to Town residents about this and other transportation projects underway in Westlake. A page was added to the Town’s web site devoted to this project at http://www.westlake-tx.org/en/Dove_Ottinger.html. This page includes the approved MOU and its exhibits. Page 2 of 2 Inviting Residential and Corporate Neighborhoods APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders Hospitality Finds its Home in Westlake Funded Not Funded N/A FISCAL IMPACT The amount funded by Hillwood, per the terms and projects listed in this development agreement, will be a maximum of $4,665,818. As the design progresses, the Town can elect, subject to Town Council approval, to fund amounts over and above Hillwood’s $4.6 million if it chooses to exceed Town minimum design standards. The Town does have limited funding in the approved CIP for Ottinger Road improvements that could be reprogrammed into these projects if the Council so chooses. If this development agreement is approved, it is recommended that the Town’s Capital Improvement Plan (CIP) be subsequently amended by the Town Council to reflect these specific projects and their funding source. With the exception of the limited funding for Ottinger Road improvements, the projects listed in this development agreement are currently not in the funded Town CIP. Since the MOU’s approval, staff has met with Hillwood to negotiate the terms of the development agreement. This agreement is attached and recommended for approval during the regular meeting. A presentation will be made at the workshop to reiterate the main points of the proposed development agreement. Following this presentation, it is recommended that Town Council members utilize the workshop for questions and comments regarding this proposed project. RECOMMENDATION / ACTION REQUESTED/ OPTIONS 1. Memorandum of Understanding approved by the Town Council on March 28, 2011. ATTACHMENTS 2. Resolution adopting the development agreement. 3. Proposed Development Agreement with exhibits showing location and timing of improvements. Resolution 11-15 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 11-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND HILLWOOD ALLIANCE SERVICES, LLC (HAS) , HW 2421 LAND, LP, AND HW 164 LAND, LP, PERTAINING TO RESPONSIBILITIES AND FUNDING FOR CERTAIN PUBLIC ROADWAY IMPROVEMENTS/EXTENSIONS, SIDEWALK/PEDESTRIAN TRAILS, AND LANDSCAPING FOR SECTIONS OF DOVE AND J.T. OTTINGER ROADS; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, the Town of Westlake (the “Town”) is experiencing planned growth through the attraction of economic development projects such as Deloitte University, which is consistent with the Town’s comprehensive plan, as well as enrollment growth at Westlake Academy and growth in the area in general, all of which contribute to demand for improvements to Town’s public roadway infrastructure, and WHEREAS, the Town and Hillwood Alliance Services (HAS), HW 2421 LAND, LP, AND HW 164 LAND, LP (collectively referred to as “Hillwood”) desire to entire enter into a partnership whereby Hillwood will invest approximately $4.6 million to fund certain public improvements to Dove and J.T. Ottinger Roads in the Town, and WHEREAS, the Town and Hillwood approved a Memorandum of Understanding (“MOU”) on March 28, 2011, with the understanding that the terms and conditions agreed upon in the MOU would be converted into a development agreement approved by both the Town and Hillwood within thirty (30) days of the MOU’s approval, and WHEREAS, the development agreement, attached hereto and incorporated herein as Exhibit A, sets out the responsibilities and funding for certain public roadway improvements/extensions, sidewalk/pedestrian trail improvements, and landscaping on Dove Road and J.T. Ottinger Road and removes requirements for construction of a westerly road for Deloitte University per the terms of a June 12, 2008, development agreement between the Town and Hillwood adopted by Resolution 08-36; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of the Town. 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. Resolution 11-15 Page 2 of 2 SECTION 2: That the development agreement, attached hereto and incorporated herein as Exhibit A (the “Development Agreement”), is here by approved. SECTION 3 : If any portion, provision, term or condition, of this Resolution, including any portion, provision, term or condition of the Development Agreement, shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining portions, provisions, terms or conditions hereof and the Council hereby determines that it would have adopted this Resolution and the Development Agreement without the invalid portion, provision, term or condition. SECTION 4 : That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25TH DAY OF APRIL 2011. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 1236149_6 Approved by Town of Westlake Resolution No. __________ DEVELOPMENT AGREEMENT This Development Agreement (“Agreement”) is executed to be effective as of the _____ day of _________, 2011 (“Effective Date”) by and among the Town of Westlake, Texas (the “Town”), HW 2421 Land, LP (“HW 2421”) and HW 164 Land, LP (“HW 164”) (HW 2421 and HW 164 being collectively referred to in this Agreement as “HW”), and Hillwood Alliance Services, LLC (“HAS”). HW is the owner of that certain real property generally located on the north side of Dove Road as more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference (the “HW Property”). This Agreement concerns the installation of certain public improvements near or adjacent to both (i) the HW Property and (ii) that certain real property generally located on the north side of Dove Road as more particularly described in Exhibit “B” attached hereto and incorporated herein by reference (the “DCLI Property”). Notwithstanding anything to the contrary, (x) this Agreement shall wholly replace that certain Development Agreement executed by and among the Town, AIL Investment, L.P. and HAS which was approved by the Town on June 9, 2008, in resolution number 08-36 (the “2008 Development Agreement”), (xx) the 2008 Development Agreement is hereby terminated in its entirety and shall be void and of no further force or effect, and (xxx) the parties to the 2008 Development Agreement and their successors and assigns shall have no further rights or obligations under the 2008 Development Agreement. SECTION 1. THE PUBLIC IMPROVEMENTS A. Public Improvements. The term “Public Improvements” shall mean, collectively, those certain improvements described as Project 1, Project 2, Project 3, Project 4, Project 5, Project 6 and Project 7, as described and depicted on Exhibits “C” and “D” attached hereto, with each Project being more specifically described as follows: 1. Project 1. The term “Project 1” shall mean that portion of the Public Improvements described and depicted as Project 1 – Ottinger Road at Deloitte Entrance on Exhibits “C” and “D” attached hereto. 2. Project 2. The term “Project 2” shall mean that portion of the Public Improvements described and depicted as Project 2 – Ottinger Road and School New North Entrance on Exhibits “C” and “D” attached hereto. 3. Project 3. The term “Project 3” shall mean that portion of the Public Improvements described and depicted as Project 3 – Culvert Crossing at HillHunter Creek on Exhibits “C” and “D” attached hereto. 4. Project 4. The term “Project 4” shall mean that portion of the Public Improvements described and depicted as Project 4 – Pearson/Dove Road Intersection on Exhibits “C” and “D” attached hereto. 2 5. Project 5. The term “Project 5” shall mean that portion of the Public Improvements described and depicted as Project 5 – Trail/Sidewalk and Landscaping on Exhibits “C” and “D” attached hereto. 6. Project 6. The term “Project 6” shall mean that portion of the Public Improvements described and depicted as Project 6 – Remaining Dove and Ottinger Road Improvements (not covered by Projects 1-5 above or Project 7 below) on Exhibits “C” and “D” attached hereto. 7. Project 7. The term “Project 7” shall mean that portion of the Public Improvements described and depicted as Project 7 – Ottinger/Dove Intersection Improvements on Exhibits “C” and “D” attached hereto. Each of Projects 1-7 is referred to herein individually as a “Project” and collectively as the “Projects”. Each Project is limited to the area identified for such Project on Exhibit “C” and limited to the specific improvements described for such Project on Exhibit “D” attached hereto. B. Required Projects. Project 1, Project 2, Project 3 and Project 4 are collectively referred to herein as the “Required Projects” because the Town and HAS agree that these Projects will be approved and constructed pursuant to the timetable set forth in Exhibit B to this MOU. The Town agrees that the Required Projects will take priority over, and will be approved, funded and constructed prior to or simultaneously with the Elective Projects (defined below). In the event that funds are insufficient to complete both the Required Projects and the Elective Projects, the Required Projects will be funded and approved first and will take priority over funding, approval and completion of the Elective Projects. C. Elective Projects . Project 5, Project 6 and Project 7 are collectively referred to herein as the “Elective Projects” because the Town may decide whether to approve and construct these Projects depending on the amount of funds available for such Elective Projects after construction of the Required Projects. D. General Terms and Conditions. The Public Improvements shall be constructed pursuant to the terms and conditions set forth in this Agreement. HAS and the Town agree that their respective roles, responsibilities and obligations for each specific Project are set forth (i) in the body of this Agreement and (ii) in Exhibit “D” attached hereto. SECTION 2. PRIVATE CONTRIBUTION TO THE PUBLIC IMPROVEMENTS A. Private Contribution . Subject to the terms and conditions set forth herein, HAS agrees to contribute up to a maximum amount of $4,665,818.00 (the “Maximum Obligation”) on the planning, design, engineering and construction of the Public Improvements. Any funds or property contributed by HW, HAS, their affiliates and their respective successors and assigns to the Public Improvements are collectively referred to herein as the “Private Contribution”. Notwithstanding anything to the contrary, in no event shall the Private Contribution exceed the Maximum Obligation. HAS and the Town hereby agree and acknowledge that, subject to the terms and conditions of this Agreement, the amount of the Private Contribution may ultimately be less than the Maximum Obligation if not timely used prior to the Contribution Deadline. 3 B. Uses of the Private Contribution . Notwithstanding anything to the contrary, the Private Contribution shall only be used for capital improvements. No portion of the Private Contribution will be used for the following purposes (the “Non-Included Uses”): (i) for street or road overlays, refurbishment or repairs, (ii) for maintenance, repairs, operations or similar purposes, or (iii) for acquisition of right-of-way, easements or other land acquisitions which may be necessary in connection with the Projects. Any costs associated with the Non- Included Uses shall be solely the obligation of the Town. C. Monthly Reports . During the term of this Agreement, HAS will provide the Town with monthly reports and records of the amount of the Private Contribution expended to date, broken down by specific Project. D. Contribution Deadline . The term “Contribution Deadline” shall mean the date that is thirty (30) months after the Effective Date of this Agreement. The term “Fully Approved Project” shall mean any Project for which all of the following have been fully satisfied: (i) such Project has been fully approved by the Town (including, without limitation, the Town’s approval of plans and specifications for such Project, the Town’s approval of the contractor(s) for such Project, the Town’s approval of construction contract(s) for such Project, and the Town’s approval of commencement of construction for such Project), (ii) the Town has fully satisfied all of its obligations set forth in Section 8.D., if any, with regard to such Project, and (iii) if portions of such Project will be paid for with a Public Contribution, the Town has fully funded such Public Contribution (including appropriation of such funds for such use and adequate assurances to HAS that such funds are available as necessary to pay for completion of construction of such Project). Notwithstanding anything to the contrary, regardless of whether the full Maximum Obligation has actually been spent, as of the Contribution Deadline: (x) HAS and its affiliates will be immediately relieved of any further obligations under this Agreement or related to the Public Improvements other than obligations related to the Projects which are Fully Approved Projects as of the Contribution Deadline, and (xx) HAS and its affiliates shall have no further obligation to expend any additional funds or incur any additional costs or liabilities except on those Projects which are Fully Approved Projects as of the Contribution Deadline. This provision is intended to encourage the Town to proceed with approval of plans and construction of the Projects in a timely manner on the dates set forth in Section 4 below. Subject to the terms and conditions set forth in this Agreement, following receipt of all necessary approvals of a Project by the Town and satisfaction of all other applicable conditions, HAS will diligently pursue completion of construction of such Project. The Town agrees and acknowledges that the Contribution Deadline will not be delayed or extended for any reason, including, without limitation, as a result of Force Majeure or as a result of delays caused by the Town’s provision of approvals for a Project or determining whether the Town desires to move forward with design or construction of a Project. SECTION 3. PUBLIC CONTRIBUTION TO THE PUBLIC IMPROVEMENTS A. Public Contribution. The Town understands and agrees that any cost related to the Public Improvements over and above the amounts that HAS is required to contribute pursuant to this Agreement will be at the Town’s sole cost and responsibility (the “Public Contribution”). Accordingly, HAS’s obligation to proceed with contracting for or construction of any Project shall be contingent on the Town providing adequate assurances to HAS that the funds for the Public Contribution portion (if any) of the cost of such Project are available and have been appropriated. 4 B. Funding of the Public Contribution . HAS and the Town understand and agree that it is their intention that, to the extent possible, any Public Contribution to the Public Improvements will be funded by the Town through an Economic Development Agreement between the Town and HAS pursuant to the terms of Chapter 380 of the Texas Local Government Code, as such may be amended from time to time. SECTION 4. SCHEDULE A. Design and Construction Schedule. HAS and the Town agree that each party shall have the responsibilities assigned to such party for the respective Projects as set forth in Exhibit “B” attached hereto. HAS and the Town agree that the schedule for approval and construction of the Projects shall be as follows: 1. Project 1 . Project 1 will be approved and constructed in accordance with the following Milestone Deadlines and Completion Deadlines: Milestone Events Town approval of plans and specification, contractor(s), construction contract and commencement of construction: Deadlines 4/30/2011 Completion of construction: 7/30/2011 2. Project 2 . Project 2 will be approved and constructed in accordance with the following Milestone Deadlines and Completion Deadlines: Milestone Events Town approval of plans and specification, contractor(s), construction contract and commencement of construction: Deadlines 5/20/2011 Completion of construction: 8/23/2011 3. Project 3 . Project 3 will be approved and constructed in accordance with the following Milestone Deadlines and Completion Deadlines: Milestone Events Town approval of plans and specification, contractor(s), construction contract and commencement of construction: Deadlines 7/30/2011 Completion of construction: 1/31/2012 4. Project 4 . Project 4 will be approved and constructed in accordance with the following Milestone Deadlines and Completion Deadlines: Milestone Events Town approval of plans and specification, contractor(s), construction contract and commencement of construction: Deadlines 7/30/2011 Completion of construction: 1/31/2012 5 5. Project 5 . Project 5 will be approved and constructed in accordance with the following Milestone Deadlines and Completion Deadlines: Milestone Events Town approval of plans and specification, contractor(s), construction contract and commencement of construction: Deadlines 4/30/2012 Completion of construction: 9/30/2013 6. Project 6 . Project 6 will be approved and constructed in accordance with the following Milestone Deadlines and Completion Deadlines: Milestone Events Town approval of plans and specification, contractor(s), construction contract and commencement of construction: Deadlines 4/30/2012 Completion of construction: 9/30/2013 7. Project 7 . Project 7 will be approved and constructed in accordance with the following Milestone Deadlines and Completion Deadlines: Milestone Events Town approval of plans and specification, contractor(s), construction contract and commencement of construction: Deadlines 4/30/2012 Completion of construction: 9/30/2013 B. Notwithstanding anything to the contrary, (a) HAS’s obligation to proceed with contracting for or construction of any Project shall be contingent on the Town providing adequate assurances to HAS that the funds for the Public Contribution portion (if any) of the cost of such Project are available and have been appropriated for such use, (b) HAS will have no obligation to commence the design process or any other work or spend any money on a Project until the Town provides such assurances, and (c) any delay by the Town in providing such assurances shall operate to extend the Completion Deadline for such Project on a day- for-day basis, but will not operate to extend the Contribution Deadline. SECTION 5. GENERAL REQUIREMENTS FOR THE PUBLIC IMPROVEMENTS A. Completion Deadlines B. . Each deadline for completion of a Project set forth in Section 4 above is referred to herein as the “Completion Deadline” for the applicable Project. The Completion Deadlines set forth in Section 4 above shall be subject to Force Majeure. The Completion Deadline for each Project is also dependent upon timely approvals by the Town for such Project (i.e., if a Town approval is delayed beyond the deadline for such approval as set forth in the table for such Project in Section 4 above, the Completion Deadline for such Project shall also be automatically deemed extended on a day-for-day basis, but the Contribution Deadline will not be extended). Maintenance Security for Public Improvements. At the time of initial construction of each Project, HAS shall obtain a maintenance bond provided by its general contractor that guarantees maintenance of the public improvements included within such Project for a period 6 of not less than two (2) years following completion of construction and acceptance by the Town of such public improvements (said acceptance not to be unreasonably withheld, conditioned or delayed). The bond shall be in the amount of 100 percent of the costs of the maintenance of such public improvements for this period as reasonably determined by HAS, and the Town. C. Security for Completion of the Public Improvements D. . HAS shall obtain a performance bond from the general contractor to insure the completion of each Project, and either assign such performance bond to the Town or cause the Town to be listed on such bond as a co-obligee. The performance bond shall be in the amount of 100 percent of the funds estimated by HAS’s Engineer to be necessary to pay for completion of such Project. Notwithstanding anything to the contrary, HAS’s obligation to obtain a performance bond as set forth in this paragraph shall be contingent on the Town providing adequate assurances to HAS that the Public Contribution (if any) necessary to construct such Project is available and appropriated for such use. HAS Engineer E. . HAS must employ civil engineers licensed to practice in the State of Texas, for the design and preparation of the plans and specifications for construction of each Project. Contractor Approval F. . HAS shall employ construction contractors who are approved by the Town in connection with construction of each Project. The contractors must meet the Town’s regulatory standards and statutory requirements for being insured, licensed, and bonded to do work on public streets and/or public projects, and to be qualified in all respects to bid on public streets and upon public projects of similar nature, as the case may be. Dedication of Property SECTION 6. APPROVAL AND CONSTRUCTION PROCEDURES FOR THE PUBLIC IMPROVEMENTS . If required by the Town, any dedication to the Town of real property, including right-of-way and easements, shall include a metes and bounds description. The Town is financially and procedurally responsible for the acquisition of any and all additional right of way needed for the construction of the Projects on property not owned by HW, and neither HW nor HAS shall have any liability in connection therewith. Any delays related to the Town’s acquisition of the right-of-way or easements needed for construction of the Projects shall be considered Force Majeure and will operate to extend the Completion Deadline for the applicable Project, but will not operate to extend the Contribution Deadline. A. Engineering Standards . The Public Improvements shall be constructed to the Town’s engineering standards in place as of the Effective Date of this Agreement. B. Design Team Task Force . HAS and the Town agree to establish and participate in a design team task force (“Task Force”) for the entire duration of the design and construction of the Projects. The membership of the Task Force will consist of a maximum of six (6) members, with an equal number of representatives being appointed by both HAS and the Town (i.e., if there are 6 members of the Task Force, then 3 members will be appointed by HAS and 3 members will be appointed by the Town). The Task Force will review and approve the design of the improvements to be included in each of the Projects subject to the schedule for each Project set forth in Section 4 above. 7 C. Conditions Prior to Construction . Prior to approving commencement of construction of each Project, the Town shall be satisfied that the following conditions have been met with respect to such Project: 1. All required plans and contract documents for such Project, if any, shall have been completed and filed with the Town. 2. All contractors participating in the construction of such Project shall be presented with a set of approved plans bearing the Town stamp of release. These plans for such Project must remain on the job site at all times. 3. A complete list of the contractors for such Project, their representatives on the site, and the telephone numbers where a responsible party may be reached at all times, must be submitted to the Town. 4. HAS or the contractor for such Project must furnish to the Town an insurance policy of general liability in the amount of $1,000,000 naming the Town as an additional insured prior to the commencement of any work on such Project. Said insurance policy shall remain in place until final acceptance by the Town of such Project (said acceptance not to be unreasonably withheld, conditioned or delayed). D. Fees . Any and all applicable Town fees related to the Projects will be waived, including, without limitation, review, inspection and permit fees. Said waiver of fees shall be considered a grant under Chapter 380 of the Texas Local Government Code. E. Inspections . Construction of the Projects shall be subject to periodic inspections by the Town or the Town’s designee. HAS shall be responsible for completing and/or correcting any of the Projects completed by HAS which are not constructed in accordance with the Town’s engineering standards and the plans and specifications approved by the Town for such Project. Any change in design required during construction shall be reviewed and approved by the Town (said approval not to be unreasonably withheld, conditioned or delayed). SECTION 7. DEDICATION FOR THE SCHOOL’S NEW NORTHERN ENTRANCE A. Dedication/Exchange of Right-of-Way for Northern Entrance. Project 2 includes the construction of a northern point of ingress/egress for the Westlake Academy campus, as more particularly described and/or depicted on Exhibits “C” and “D” attached hereto (the “Northern Entrance”). HW agrees that HW will dedicate to the Town that certain real property for the portion of the Northern Entrance, if any, that is to be constructed over property currently owned by HW, up to a maximum of _______ acres (the “Northern Entrance Dedication”). As exchange consideration for HW’s Northern Entrance Dedication, and simultaneously with HW’s conveyance of the Northern Entrance Dedication to the Town pursuant to Section 7.B. below, the Town will convey to HW real property having a value equal to HW’s basis in the land included in the Northern Entrance Dedication, with the exact location of such real property to be mutually agreed upon by the Town and HW. B. Timing for Dedication of the Northern Entrance. The Northern Entrance Dedication will take place via a separate dedication deed within thirty (30) days after Projects 1, 2, 3 and 4 have become Fully Approved Projects by the Town. 8 SECTION 8. OTHER OBLIGATIONS A. Limitation on HW and HAS Obligations for Dove Road and Ottinger Road. Notwithstanding anything to the contrary, as consideration for the agreements and obligations of HW and HAS set forth in this Agreement, the Town agrees and acknowledges that, other than the obligations specifically set forth in this Agreement, in no event shall HW, HAS or any of their respective affiliates, successors or assigns at any time have any obligation with regard to the portions of Dove Road and Ottinger Road shown on Exhibit “C” attached hereto, including, without limitation, any obligation to acquire or negotiate for additional easement or right-of- way property, dedicate land, relocate utilities, construct improvements or repair or maintain such portions of Dove Road and Ottinger Road, to pay impact or other fees or to make other payments related to such portions of Dove Road and Ottinger Road. The limitations in this section apply only to the specific Projects defined herein and do not in any way prohibit the Town from utilizing its constitutional and statutory powers at any time in the future for public purpose beyond the scope of this Agreement. B. Limitation on HW and HAS Dedication Requirements. The Town hereby agrees and acknowledges that HW, HAS and their affiliates, successors and assigns have previously dedicated all necessary right-of-way or other land for the Public Improvements and for the portions of Dove Road and Ottinger Road shown on Exhibit “C” attached hereto, except for (1) the Northern Entrance Dedication, and (2) up to a maximum of _____ acres of additional right-of-way, if necessary, to accommodate the construction of Project 1 along Ottinger Road, as depicted on Exhibit “C” attached hereto, and that no additional right-of-way, easements or other land will be required from HW, HAS or their affiliates, successors or assigns with regard to the Public Improvements. The limitations in this section apply only to the specific Projects defined herein and do not in any way prohibit the Town from utilizing its constitutional and statutory powers at any time in the future for public purpose beyond the scope of this Agreement. C. Limitation on DCLI Obligations . 1. Projects; Dove Road; Ottinger Road. Notwithstanding anything to the contrary, the Town agrees and acknowledges that in no event shall the owner of the DCLI Property at any time have any obligation to the Town to in any way fund improvements to the Projects, including, without limitation, any obligation to dedicate land, construct improvements or repair or maintain the Projects, nor to pay impact or other fees or to make other payments related to the Projects. The Town further agrees and acknowledges that, provided that the use of the DCLI Property remains consistent in all material respects with the current uses contemplated by current approvals allowed in the Town’s zoning district PD 3-12 as approved by Ordinance 591, and the related approved Site Plan (collectively, the “Current Approvals”), then in no event shall the owner of the DCLI Property at any time have any obligation to make future improvements to Dove Road or Ottinger Road, or in any way fund future improvements to Dove Road or Ottinger Road, including without limitation, any obligation to dedicate land, construct improvements or repair or maintain Dove Road or Ottinger Road, nor to pay impact or any other fees or to make other payments related to Dove Road or Ottinger Road. The preceding sentence does not limit the Town’s right to utilize its constitutional and statutory powers at any time in the future in which the owner of the DCLI Property creates a material amount of additional 9 service traffic (beyond the amount of service traffic contemplated by the DCLI Property’s Current Approvals) along Dove Road or Ottinger Road (excluding, for example, the owner of the DCLI Property’s construction of additional guest rooms allowed by the Current Approvals that does not materially increase service traffic along Dove Road or Ottinger Road). 2. Westerly Road; Permitting . DCLI, its affiliates or any other third parties shall have no obligation to the Town to improve, construct or pay for the construction of any portion of the Westerly Road (as defined in the 2008 Development Agreement). Further, the Town agrees to amend any existing agreements between the Town and DCLI, its affiliates or any other third parties to delete any such obligations with regard to the Westerly Road (as defined in the 2008 Development Agreement), including, without limitation, plats and site plans. Further, the Town agrees that the incomplete nature of the Projects shall not in any way delay or otherwise affect the Town’s issuance of permits, approvals and/or certificates of occupancy with respect to the corporate training and learning center being constructed on the DCLI Property. D. Specific Town Obligations Related to the Public Improvements . The Town must, at the Town’s sole expense: 1. except as set forth in Section 8.B. above, acquire any and all additional right-of-way necessary to construct each Project in a timely manner that does not delay construction of such Project. 2. relocate any and all utilities (including both those owned by the Town and those owned by private utility companies) as necessary to construct each Project in a timely manner that does not delay construction of such Project. 3. pay for any and all costs related to the Public Improvements in excess of the amounts required to be expended by HAS under this Agreement. HW, HAS and their respective affiliates, successors and assigns shall have no obligation to pay for any of the items set forth in this Section 8.D., and to the extent that HAS agrees, in its sole discretion to pay for any of the items set forth in this Section 8.D., such amounts shall be credited against the Maximum Obligation. Notwithstanding anything to the contrary, (a) HAS’s obligation to proceed with contracting for or construction of any Project shall be contingent on the Town first fully satisfying all of its obligations set forth in this Section 8.D., if any, with regard to such Project, (b) HAS will have no obligation to commence the design process or any other work or spend any money on a Project until the Town satisfies such obligations, and (c) any delay by the Town in satisfying such obligations shall operate to extend the Completion Deadline for such Project on a day-for-day basis, but will not operate to extend the Contribution Deadline. E. Termination and Release of 2008 Development Agreement. Notwithstanding anything to the contrary, upon execution of this Agreement by the Parties, (x) this Agreement shall wholly replace the 2008 Development Agreement, (xx) the 2008 Development Agreement is hereby terminated in its entirety and shall be void and of no further force or effect, and (xxx) the parties to the 2008 Development Agreement and their successors and assigns, are hereby released from, and shall have no further rights or obligations under, the 2008 Development Agreement, including, without limitation, all obligations related to the Westerly Road (as defined in the 2008 Development Agreement). 10 SECTION 9. GENERAL PROVISIONS A. Assignment . This Agreement, any part thereof, or any interest herein shall not be assigned by HAS without the express written consent of the Town which may not be unreasonably withheld. B. Default Remedies – HAS . If HAS fails to construct the HAS Improvements pursuant to the terms and conditions of this Agreement, then upon a failure of HAS to cure a default within thirty (30) days following HAS’s receipt of a written notice from the Town specifying such default, the Town, as its sole and exclusive remedies, may: 1. Declare this Agreement to be in default and require specific performance of HAS’s obligations set forth herein; or 2. Obtain funds under the security and complete the Public Improvements itself or through a third party, provided that HAS will be given first opportunity by the Town to provide such remedy. Prior to drawing on the security, the Town shall provide HAS with notice and give HAS a reasonable opportunity to cure. 3. Notwithstanding anything to the contrary, in no event may the Town terminate this Agreement upon a default by HAS or otherwise. C. Waiver . No covenant or condition of this Agreement may be waived without consent of the parties to which the covenant or conditions benefit. Forbearance or indulgence by any party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. D. Independent Contractor Status . HAS covenants that it is an independent contractor and not an officer, agent, servant or employee of the Town; that HAS shall have exclusive control of the details of the work performed by HAS hereunder and all persons performing same, and shall be responsible for the acts and omissions of HAS’s officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between the Town, HAS, and HAS’s officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between the Town, HW or HAS. E. General Indemnity Provisions. HAS shall waive all claims, fully release, indemnify, defend and hold harmless the Town and all of its officials, officers, agents, consultants, employees and invitees in both their public and private capacities (collectively, the “Town Parties”) from any and all liability, claims, suits, demands or causes of action, including all expenses of litigation, court costs and attorneys’ fees, which may arise by injury to or death of any person or damage to any property or person to the extent caused by the negligent acts of HAS, its officers, agents, consultants, employees or invitees (collectively, the “HAS Parties”) arising out of or in connection with this Agreement. Such indemnification shall not apply to any claim, loss, damage cause of action, suit or liability that arises more than two years after the completion of construction of the applicable Project. Notwithstanding anything to the contrary, nothing contained in this Agreement shall waive the Town’s defenses or immunities 11 under Section 101.001 et seq. of the Texas Civil Practice and Remedies Code or other applicable statutory or common law. F. Responsibility for Design Defects . Approval of the Town Engineer or other Town employee, official, consultant, employee, or officer of any plans, designs or specifications submitted by HAS under this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of HAS, its engineer, contractors, employees, officers, or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility or liability by the Town for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants, or employees, it being the intent of the parties that approval by the Town Engineer or other Town employee, official, consultant, or officer signifies the Town approval of only the general design concept of the improvements to be constructed. G. Venue . Venue of any action brought hereunder shall be in Tarrant County, Texas. H. Tax Exemptions . The Town is an exempt organization under Section 151.309 of the Texas Tax Code, and if any of the HAS Improvements are dedicated to the Town under this Agreement, such improvements will be dedicated to public use and accepted by the Town subject to the terms of this Agreement. I. Notices . Any notices given or required to be given pursuant to this Agreement shall be sent by regular U.S. mail or certified mail, return receipt requested, to the following: TO THE TOWN : Town of Westlake 3 Village Circle, Suite 202 Westlake, Texas 76262 Attn: Town Manager with copy to: Boyle and Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062 Attn: L. Stanton Lowry TO HW : HW 2421 Land, LP and Hillwood 164 Land, LP c/o Hillwood Development Company, LLC 13600 Heritage Parkway, Suite 200 Fort Worth, TX 76177 Attention: Russell Laughlin 12 with copy to: Hillwood Development Company, LLC 13600 Heritage Parkway, Suite 200 Fort Worth, TX 76177 Attention: Don Reid with copy to: Kelly Hart & Hallman LLP 201 Main Street, Suite 2500 Fort Worth, TX 76102 Attention: Chad Key TO HAS : Hillwood Alliance Services, LLC c/o Hillwood Development Company, LLC 13600 Heritage Parkway, Suite 200 Fort Worth, TX 76177 Attention: Russell Laughlin with copy to: Hillwood Development Company, LLC 13600 Heritage Parkway, Suite 200 Fort Worth, TX 76177 Attention: Don Reid with copy to: Kelly Hart & Hallman LLP 201 Main Street, Suite 2500 Fort Worth, TX 76102 Attention: Chad Key TO THE OWNER OF THE DCLI PROPERTY : DCLI LLC c/o Deloitte LLP 1633 Broadway New York, NY 10019 Attn: Matt Ross with copy to: DCLI LLC c/o Deloitte LLP 120 South Sixth Street, Suite 400 13 Minneapolis, MN 55402-1844 Attn: Jon Eisele with copy to: Vinson & Elkins LLP 2001 Ross Avenue, Suite 3700 Dallas, TX 75201 Attn: Paul A. Martin Reference: C/M DEL255/16000 J. Third Party Beneficiaries . For purposes of this Agreement, including its intended operation and effect, the parties specifically agree that (1) this Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with the Town, HW or HAS or all of them; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to any party. Notwithstanding the foregoing or anything else to the contrary, the owner of the DCLI Property shall be a third party beneficiary exclusively with regard to Sections 8.C. and 9.B.3. of this Agreement. K. Several Obligations . Notwithstanding anything to the contrary contained herein, this Agreement is not intended to create a relationship (contractual or otherwise) between HAS and HW, but rather only between each of HAS and the Town and HW and the Town. The Town agrees not to hold HW liable or in default of its obligations hereunder for any failure of HAS to perform its obligations hereunder; and further agrees not to hold HAS liable or in default of its obligations hereunder for any failure of HW to perform its obligations hereunder. L. Authority to Act . The parties each represent and warrant that the signatories on this Agreement are authorized to execute this Agreement and bind his/her principals to the terms and provisions hereof. Each party warrants that any action required to be taken in order for this Agreement to be binding on it has been duly and properly taken prior to the execution of this Agreement. [Signatures on following pages] EXECUTED TO BE EFFECTIVE as of the Effective Date. HW 2421 Land, LP, a Texas limited partnership By: HW 2421 Land GP, LLC, a Texas limited liability company, its general partner By: _____________________________________ Name: ___________________________________ Title: ____________________________________ THE STATE OF TEXAS § § COUNTY OF ________________ § The foregoing instrument was acknowledged before me on ______________, 2011, by _______________________, __________________________ of HW 2421 Land GP, LLC, a Texas limited liability company, general partner of HW 2421 Land, LP, a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas HW 164 Land, LP, a Texas limited partnership By: HW 2421 Land GP, LLC, a Texas limited liability company, its general partner By: _____________________________________ Name: ___________________________________ Title: ____________________________________ THE STATE OF TEXAS § § COUNTY OF ________________ § The foregoing instrument was acknowledged before me on ______________, 2011, by _______________________, __________________________ of HW 2421 Land GP, LLC, a Texas limited liability company, general partner of HW 164 Land, LP, a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas HILLWOOD ALLIANCE SERVICES, LLC, a Texas limited liability company By: Name: Title: THE STATE OF TEXAS § § COUNTY OF ________________ § The foregoing instrument was acknowledged before me on ______________, 2011, by _______________________, __________________________ of Hillwood Alliance Services, LLC, a Texas limited liability company, on behalf of said limited liability company. Notary Public, State of Texas TOWN OF WESTLAKE, TEXAS By: Name: Title: ATTEST: By: Name: Title: FORM APPROVED BY: L. Stanton Lowry, Town Attorney THE STATE OF TEXAS § § COUNTY OF ________________ § The foregoing instrument was acknowledged before me on ______________, 2011, by _______________________, Mayor of the Town of Westlake, on behalf of the Town. Notary Public, State of Texas JOINDER DCLI LLC, a Delaware limited liability company, as express third-party beneficiary to Sections 5.D. and 7.C.3. of the 2008 Development Agreement and Sections 8.C. and 9.B.3. of this Agreement, hereby joins in the execution of this Agreement to evidence its approval of the terms of this Agreement, including the termination of the 2008 Development Agreement. All of the parties to this Agreement acknowledge and agree that Sections 8.C. and 9.B.3. of this Agreement may not be amended, terminated or altered in any way without the express written approval of the owner of the DCLI Property. DCLI LLC, a Delaware limited liability company By: Name: Title: Exhibit “A” [to be attached] Description of the HW Property Exhibit “B” [to be attached] Description of the DCLI Property Exhibit “C” [to be attached] Depiction of the Location of Projects 1-7 Exhibit “D” [to be attached] Summary of Obligations, Responsibilities and Schedule for Projects 1-7 Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Town Manager Meeting Date: April 25, 2011 Staff Contact: Tom Brymer, Town Manager Discussion/Regular Subject: Discussion of Town Communication Efforts and Resources EXECUTIVE SUMMARY The Town’s current Strategic Plan contains a list of its Community Values and one of these is “engaged citizens”. Under the Plan’s Vision Point Two- Leadership, one of the Key Result Areas (KRA) identified is to pursue “citizen engagement and communication”. Under this KRA, there are a number of Outcome Strategies including developing an overall communication plan for Town residents and businesses. To date this has not occurred. Westlake Academy’s current Strategic Plan has as one of its core values Community Involvement and Support. The Academy’s Strategic Plan also has as one of its five (5) Desired Outcomes “Strong Parent and Community Connections”. Under this particular Desired Outcome are a number of Specific Outcomes related to maintaining and improving communication between the school and its stakeholders, including the developing of a communication plan. At one time, the Town had in place a Director of Communications position funded and filled (part of 2003 through a portion of 2006). This position was responsible for coordinating the Town’s and Academy’s communication efforts to our internal and external audiences/stakeholders, as well as, serve as Executive Director for the Westlake Academy Foundation. This Communication Director position was deleted in FY 05-06. Since that time, the Town’s (including Westlake Academy’s) communication efforts have been divided between a number of Town employees as well as supplemented by a $50,000 contract with an outside public relations/marketing firm. Staff has worked hard to improve our communications efforts using low cost venues including email blasts, our web site, electronic newletters (the Westlake Wire newsletter was started in 2008), regular neighborhood meetings, secondary boundary parent meetings and the electronic WA Communiqué (sent biweekly). This decentralized approach has produced some successes, including Westlake being a 2009 recipient of the Texas Municipal League’s Management Innovations Award for our multi-faceted, low cost citizen engagement program- Westlake Windows: TGIF (Transparent Government in Focus). Also, according to the Town’s 2010 DirectionFinder Survey, this approach achieved success regarding our communications efforts from a citizen view of effectiveness in the 75th percentile (higher communities we were benchmarked with). However, the 2010 DirectionFinder Survey also showed a decrease in customer service satisfaction from 2009, so it does not appear that our ability to communicate is positively impacting customer satisfaction if this is found to be the reason. The Academy’s 2010 Parent Survey also shows communication to be an area of desired improvement by the WA parent body. Inviting Residential and Corporate Neighborhoods APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders Hospitality Finds its Home in Westlake Page 2 of 2 Funded Not Funded N/A FISCAL IMPACT Portions of this effort could be funded by monies now used with our marketing/PR firm. Some additional funds will be needed. Possible funding sources will be presented at the meeting. Recommend establishing a full time Director of Communications position effective July 1, 2011. This position would develop and coordinate many of our existing communication functions that were previously centralized when the Town had such a position. This position would also be responsible for developing new communication tactics and strategies for the future. These efforts can include further outreach to strengthen and grow partnerships with residents and parents, corporate neighbors, as well as other regional partners. RECOMMENDATION / ACTION REQUESTED/ OPTIONS The current decentralized arrangement is not sustainable over the long-term, nor does it allow us any capacity for improving and/or expanding our communication efforts as well as meet communication needs that are presently unmet . None ATTACHMENTS Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Town Manager Meeting Date: April 25, 2011 Staff Contact: Tom Brymer, Town Manager Discussion Subject: Discussion of 2011 DirectionFinders Citizens’ Survey Instrument This will be the third year that we have conducted our DirectionFinders citizen survey. This survey provides valuable information related to service level quality used by staff to establish metrics to measure our service delivery effectiveness. Additionally, this survey has been used to gauge community perspective on important community issues, i.e. in the past it was used to gain input on aspects of service priority and willingness to pay for services. For the 2011 survey, staff has compiled a draft survey instrument for Town Council input that a.) continues to survey our service quality level (and help build a comparative data base on those metrics over time) and b.) since revision of the Comprehensive Plan is a Council strategic priority, questions have been included to garner citizen input that should assist the Council and staff as we review the Comprehensive Plan and the direction it takes. EXECUTIVE SUMMARY Inviting Residential and Corporate Neighborhoods APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders Hospitality Finds its Home in Westlake Funded Not Funded N/A FISCAL IMPACT Funding is budgeted in the Visitors (Hotel/Motel) Fund for ETC Institute of Olathe, KS to conduct this survey for us (note : ETC has conducted this survey for Westlake the previous 2 years (DirectionFinders is their trademarked survey instrument). Review and provide feedback and input to staff on the draft survey instrument. It is planned to conduct this survey in April-May so as to have survey results available for budget preparation and discussions. RECOMMENDATION / ACTION REQUESTED/ OPTIONS 1. Memo dated 4-19-11 from Management Intern Scott Dixon regarding draft survey instrument. ATTACHMENTS 2. Draft 2011 DirectionFinders survey instrument. 3. Copy of 2010 DirectionFinders survey compared to 2009 survey. 1 MEMORANDUM Date: April 19, 2011 TO: Honorable Mayor and Town Council FROM: Scott Dixon, Management Intern SUBJECT: 2011 DirectionFinders Survey Instrument There are two attachments in the Council’s packet that pertain to the DirectionFinders survey. The first is a draft copy of the survey instrument that is planned for this year. The title of this document is “Town of Westlake – Comprehensive Planning Survey.” The second attachment is a compilation of the previous survey instruments and is titled, “DirectionFinder Survey Instruments 2009/2010 Compilation.” Please note that as in previous years, the current survey instrument includes many questions that are new to the survey instrument. The purpose of this survey is to gauge the relative importance assigned by Westlake’s citizens to various aspects of our community’s values and attributes. This feedback will help guide Council and staff in our comprehensive and strategic planning efforts. Legacy questions (questions repeated from the 2010 survey) are highlighted in green. There are also three questions in red font. These questions are currently being considered for removal from the survey. For your convenience, the second attachment has also been color-coded to identify which questions have been repeated and which have not. The questions highlighted in yellow were new to the survey in 2010, the questions in black were legacy questions and the final two pages of the document contain questions in red font which were originally asked in 2009 but have been left out of subsequent surveys. 1 __ Town of Westlake – 2011 DirectionFinders Survey DRAFT Section I: Town Services 1. Satisfaction with Major Types of Services Provided By the Town. Using a scale of 1 to 5 where “5” means “very satisfied” and “1” means “very dissatisfied,” please rate your satisfaction with the following services provided by the Town of Westlake: How Satisfied are you with: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know Major Types of Services: A. Quality of public safety services (police, fire, emergency medical, and municipal court) in the Town Westlake 5 4 3 2 1 9 B. Overall efforts by Westlake to ensure the community is prepared for emergencies 5 4 3 2 1 9 C. Overall maintenance of Town streets 5 4 3 2 1 9 D. Overall effectiveness of communication by the Town of Westlake 5 4 3 2 1 9 E. Overall quality of water utility services 5 4 3 2 1 9 F. Overall quality of wastewater (or sanitary sewer) utility services 5 4 3 2 1 9 G. Quality of parks, trails, and recreation programs and facilities in Westlake 5 4 3 2 1 9 H. Overall quality of customer service provided by the Town of Westlake 5 4 3 2 1 9 I. Overall efforts by the Town to manage storm water run-off 5 4 3 2 1 9 J. Westlake Academy 5 4 3 2 1 9 2. Which THREE of the services listed above are most important to you? [Write in the letters below using the letters from the list in Question 1 above]. 1st:____ 2nd:____ 3rd:____ 2 3. Satisfaction with Specific Types of Services Provided By the Town. Using a scale of 1 to 5, where “5” means “very satisfied” and “1” means “very dissatisfied,” please rate your satisfaction with each of the following: How Satisfied are you with: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know Police Services A. Overall quality of local police protection 5 4 3 2 1 9 B. Visibility of police in neighborhoods 5 4 3 2 1 9 C. How quickly police respond to emergencies 5 4 3 2 1 9 D. Efforts by the Town to prevent crime 5 4 3 2 1 9 E. Level of traffic enforcement 5 4 3 2 1 9 F. Municipal Court services 5 4 3 2 1 9 Fire and Medical Services G. Overall quality of fire services 5 4 3 2 1 9 H. Overall quality of emergency medical services 5 4 3 2 1 9 I. How quickly fire and emergency medical services personnel respond 5 4 3 2 1 9 Maintenance Services J. Condition of major streets in Westlake 5 4 3 2 1 9 K. Overall condition of streets in your neighborhood 5 4 3 2 1 9 L. Cleanliness of streets/other public areas 5 4 3 2 1 9 Parks and Recreation Services M. Maintenance of the Town park 5 4 3 2 1 9 N. Number of parks in your community 5 4 3 2 1 9 O. Number of walking/biking trails 5 4 3 2 1 9 P. Quality of outdoor athletic fields available to the Westlake community 5 4 3 2 1 9 Utility Services Q. Residential trash collection services 5 4 3 2 1 9 R. Curbside recycling services 5 4 3 2 1 9 S. Yard waste collection services 5 4 3 2 1 9 T. Bulky item pick up/removal services (old furniture, appliances. etc.) 5 4 3 2 1 9 U. Town efforts to promote water conservation and protect water resources 5 4 3 2 1 9 V. Household hazardous waste disposal service (for oil, paint, etc) 5 4 3 2 1 9 Zoning & Enforcement W. Enforcing the cleanup of junk and debris on private property in your 5 4 3 2 1 9 3 community X. Enforcing the mowing and cutting of weeds and grass on private property 5 4 3 2 1 9 Y. Enforcing the exterior maintenance of residential property 5 4 3 2 1 9 Z. Enforcing sign regulations 5 4 3 2 1 9 AA. Enforcement of yard parking regulations for things such as boats and RVs in your neighborhood 5 4 3 2 1 9 Communication/Citizen Engagement AB. Availability of information about Town services and activities 5 4 3 2 1 9 AC. Timeliness of information provided by the Town of Westlake 5 4 3 2 1 9 AD. Efforts by the Town of Westlake to keep you informed about local issues 5 4 3 2 1 9 AE. The level of public involvement in local decisions AF. Usefulness of the Town newsletter 5 4 3 2 1 9 AG The Town of Westlake’s website 5 4 3 2 1 9 Section II: Community Values & Attributes 4. Please rate your satisfaction with each item on a scale of 1 to 5 where “5” means “very satisfied” and “1” means “very dissatisfied.” Very Very Don’t How satisfied are you with: Satisfied Satisfied Neutral Dissatisfied Dissatisfied Know (A) General appearance of your neighborhood . 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9 (B) General appearance of businesses ............... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9 (C) General appearance of streetscaping and open spaces ...................................... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9 (D) Overall condition of Town streets ............... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9 (E) Overall condition of sidewalks .................... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9 (F) Overall enforcement of maintenance codes 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9 (G) Overall enforcement of zoning laws ........... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9 (H) Overall appearance of trails ......................... 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9 (I) Access to parks and open space .................. 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9 (J) Overall flow of traffic and congestion management in the Town ........................ 5 .......... 4 .............. 3 ............... 2 ............. 1 ............ 9 5. Using a scale from 1 to 5 where "5" is "Very Important" and "1" is "Very Unimportant," please indicate how important each of the following reasons were in your decision to live in Westlake? Very Somewhat Not Somewhat Very Important Important Sure Unimportant Unimportant (A) Sense of community .................................. 5 ................... 4 ............... 3 .................. 2 .................. 1 (B) Quality of life ............................................ 5 ................... 4 ............... 3 .................. 2 .................. 1 (C) Westlake Academy .................................... 5 ................... 4 ............... 3 .................. 2 .................. 1 (D) Low crime rate/quality of public safety .... 5 ................... 4 ............... 3 .................. 2 .................. 1 (E) Employment opportunities in Westlake ... 5 ................... 4 ............... 3 .................. 2 .................. 1 (F) Close to jobs in other cities ....................... 5 ................... 4 ............... 3 .................. 2 .................. 1 (G) Access to highways ................................... 5 ................... 4 ............... 3 .................. 2 .................. 1 4 (H) Quality of housing options/developments . 5 ................... 4 ............... 3 .................. 2 .................. 1 (I) Retirement ................................................. 5 ................... 4 ............... 3 .................. 2 .................. 1 (J) Number of parks & trails ........................... 5 ................... 4 ............... 3 .................. 2 .................. 1 (K) Access to quality shopping ........................ 5 ................... 4 ............... 3 .................. 2 .................. 1 6. Using the list above, which THREE ITEMS would be the most important reasons you would stay in Westlake for the next 10 years? _____ _____ _____ 1st 2nd 3rd 7. Using a scale from 1 to 5 where "5" is "Very Important" and "1" is "Very Unimportant," please indicate how important each of the following attributes are in determining your level of satisfaction with the Town of Westlake. Very Somewhat Not Somewhat Very Important Important Sure Unimportant Unimportant (A) Public access trails ..................................... 5 ................... 4 ............... 3 .................. 2 .................. 1 (B) Public access parks/open spaces ................ 5 ................... 4 ............... 3 .................. 2 .................. 1 (C) Westlake Academy .................................... 5 ................... 4 ............... 3 .................. 2 .................. 1 (D) Dedicated bike lanes on residential streets 5 ................... 4 ............... 3 .................. 2 .................. 1 (E) Decoration Day ......................................... 5 ................... 4 ............... 3 .................. 2 .................. 1 (F) Christmas Tree Lighting ........................... 5 ................... 4 ............... 3 .................. 2 .................. 1 (G) Arbor Days ................................................ 5 ................... 4 ............... 3 .................. 2 .................. 1 (H) Master Works Series ................................. 5 ................... 4 ............... 3 .................. 2 .................. 1 (I) Rural-like community atmosphere ........... 5 ................... 4 ............... 3 .................. 2 .................. 1 (J) Municipally-owned Fire/EMS service ...... 5 ................... 4 ............... 3 .................. 2 .................. 1 (K) Low-density (large lot) housing ................ 5 ................... 4 ............... 3 .................. 2 .................. 1 8. Please answer the following Yes/No questions regarding your level of activity/awareness about community resources and events. a. Have you or anyone in your household participated in Decoration Day in the past 12 months? ................................................................................. YES NO b. Have you or anyone in your household participated in the Master Works series events in the past 12 months? ....................................................... YES NO c. Have you or anyone in your household participated in the Arbor Day event in the past 12 months? ................................................................................ YES NO d. Have you or anyone in your household participated in the Christmas Tree Lighting event in the past 12 months? ................................................................ YES NO e. Have you or anyone in your household utilized the public access park and/or trails in the past 12 months? .............................................................................. YES NO f. Are you aware that the Town of Westlake owns and operates a public cemetery? .......................................................................................................... YES NO g. Are you interested in learning more about the Westlake cemetery?....................... YES NO 9. The Town needs your input on guidelines as growth continues in the Town. Using a scale of 1 to 5 where “5” means “Strongly Agree” and “1” means “Strongly Disagree,” please indicate your level of agreement with each of the following statements Strongly Strongly Agree Agree Neutral Disagree Disagree (A) I would like to be able to walk or bike to a neighborhood center with services such as a 5 bakery, café, grocery store. ............................... 5 ............ 4 ............... 3 ............... 2 ............... 1 (B) Future residential subdivisions in Westlake should offer a variety of housing choices with respect to price ................................................... 5 ............ 4 ............... 3 ............... 2 ............... 1 (C) The quality of life in Westlake has steadily Improved ............................................. .............. 5 ............ 4 .............. 3 ................ 2 ............... 1 (D) I would prefer streets that have a more rural feel e.g. asphalt paving without curbs and gutters .... 5 ............ 4 .............. 3 ................ 2 ............... 1 (E) Westlake should utilize “roundabout” intersections along Dove to improve traffic flow ..... .............. 5 ............ 4 .............. 3 ................ 2 ............... 1 10. Using a scale of 1 to 5 where “5” means “Strongly Agree” and “1” means “Strongly Disagree,” please indicate your level of agreement with each of the following statements Strongly Strongly Agree Agree Neutral Disagree Disagree (A) New business developments should have higher design standards than existing developments ...................... 5 ............ 4 ............... 3 ............ 2 ............ 1 (B) Westlake should focus on attracting large retail businesses ................................................................. 5 ............ 4 ............... 3 ............ 2 ............ 1 (C) There is enough open space (either public parks or private open space) in developed parts of Westlake 5 ............ 4 ............... 3 ............ 2 ............ 1 (D) The Town of Westlake needs more commercial and industrial businesses ................................................. 5 ............ 4 ............... 3 ............ 2 ............ 1 (E) Westlake’s development standards are appropriate and effective ............................................................. 5 ............ 4 ............... 3 ............ 2 ............ 1 (F) Westlake should continue to encourage similar residential lot sizes and housing variety as currently exist ........................................................... 5 ............ 4 ............... 3 ............ 2 ............ 1 11. Think about the business developments in Westlake. Using a 5-point scale, where "5" means Like very much and "1" means Dislike very much, please rate the following: Neither Like Like or Dislike Don’t How much do you like the following: Very Much Like Dislike Dislike Very Much Know (A) Layout of buildings ...................................... 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9 (B) Building materials (brick & masonry) ......... 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9 (C) Architectural features (design) ..................... 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9 (D) Landscaping ................................................ 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9 (E) Traffic circulation ......................................... 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9 (F) Public access to trails/open spaces ............... 5 ............... 4 ......... 3 ............ 2 ............ 1 ............... 9 12. Where do you typically purchase the following types of products? Usually Usually Usually Usually Usually Buy in Buy in Buy in Buy in Buy in Keller Trophy Club Roanoke Southlake Other (A) Groceries/household goods ............ 5 ............... 4 .................. 3 ............... 2 ................ 1 (B) Restaurants ...................................... 5 ............... 4 .................. 3 ............... 2 ................ 1 (C) Clothing ........................................... 5 ............... 4 .................. 3 ............... 2 ................ 1 (D) Books/music .................................... 5 ............... 4 .................. 3 ............... 2 ................ 1 (E) Sporting Goods ................................ 5 ............... 4 .................. 3 ............... 2 ................ 1 (F) Furniture .......................................... 5 ............... 4 .................. 3 ............... 2 ................ 1 (G) Appliances/electronics ................... 5 ............... 4 .................. 3 ............... 2 ................ 1 (H) Entertainment ................................. 5 ............... 4 .................. 3 ............... 2 ................ 1 (I) Guest hotel accommodations ......... 5 ............... 4 .................. 3 ............... 2 ................ 1 6 13. Using a 5-point scale, where "5" means strongly agree and "1" means strongly disagree, how much do you agree that the Town of Westlake should pursue the following development activities? Neither Strongly Agree nor Strongly Agree Agree Disagree Disagree Disagree (A) Having the Town require future developments provide neighborhood infrastructure such as parks/trails and street improvements ........................ 5 ............ 4 ............... 3 ............ 2 ............ 1 (B) Attracting restaurants (not fast food) .......................... 5 ............ 4 ............... 3 ............ 2 ............ 1 (C) Attracting “upscale” retail ........................................... 5 ............ 4 ............... 3 ............ 2 ............ 1 (D) Providing incentives for commercial development ..... 5 ............ 4 ............... 3 ............ 2 ............ 1 (E) Providing incentives for industrial development ........ 5 ............ 4 ............... 3 ............ 2 ............ 1 14. Do you think that Westlake should take a pro-growth, directed growth or no growth position? ___ (1) Pro-growth, which is where growth is strongly encouraged with minimal regulation ___ (2) Directed growth is growth that is encouraged with regulatory oversight ___ (3) Growth discouraged. 15. Using a 5-point scale, where "5" means strongly agree and "1" means strongly disagree, please indicate your level of agreement with the following statements about various types of development that could be pursued by the Town of Westlake: Neither Strongly Agree or Strongly Agree Agree Disagree Disagree Disagree (A) Westlake should emphasize the preservation of open spaces and scenic views/landscapes as it continues to develop. ................................................ 5 ............ 4 ............... 3 ............ 2 ............ 1 (B) Housing density should be increased for more compact development in the Town .......................... 5 ............ 4 ............... 3 ............ 2 ............ 1 (C) Westlake should invest more resources in improving older areas. ............................................................... 5 ............ 4 ............... 3 ............ 2 ............ 1 (D) A permanent fire station should be built within the next 10 years. ............................................................ 5 ............ 4 ............... 3 ............ 2 ............ 1 (E) Walking/Biking trails should be extended to provide connectivity to all communities in Westlake ........... 5 ............ 4 ............... 3 ............ 2 ............ 1 Section V: Communication and Demographics 16. How many years have you lived in Westlake? ___(1) less than 1 year ___(2) 2-5 years ___(3) 6-10 years ___(4) 11-20 years ___(5) more than 20 years 17. What is your age? _____ years 18. Do any children in grades K-12 currently live in your home? ___(1) Yes – answer #15a ___(2) No 18a. IF YES to #15: Do any of these children currently attend Westlake Academy? 7 ___(1) Yes ___(2) No – answer 14b 18b. IF NO to #15a: Did any of these children previously attend Westlake Academy? ___(1) Yes – answer 15c ___(2) No 15c. Are you considering re-enrolling them at Westlake Academy? ___(1) Yes ___(2) No 19. How many years have you lived in Westlake? ___(1) less than 1 year ___(2) 2-5 years ___(3) 6-10 years ___(4) 11-20 years ___(5) more than 20 years 20. In which subdivision do you live? ___(1) Stagecoach Hills ___(2) Vaquero ___(3) Wyck Hill ___(4) Glenwyck Farms ___(5) Mahotea Boone ___(6) Other: ___________________ The Town of Westlake Thanks You for Your Time - This Concludes the Survey. 1 DirectionFinder Survey Instruments 2009/2010 Compilation Items in Black are questions that were repeated from 2009, highlighted questions were added in 2010. 2010 Town of Westlake Resident Survey Section I: Town Services 1. Satisfaction with Major Types of Services Provided By the Town. Using a scale of 1 to 5 where 5 means “very satisfied” and 1 means “very dissatisfied,” please rate your satisfaction with the following services provided by the Town of Westlake: A. Quality of public safety services (police, fire, emergency medical, and municipal court) in the Town Westlake B. Overall efforts by Westlake to ensure the community is prepared for emergencies C. Overall maintenance of Town streets D. Overall effectiveness of communication by the Town of Westlake E. Overall quality of water utility services F. Overall quality of wastewater (or sanitary sewer) utility services G. Quality of parks, trails, and recreation programs and facilities in Westlake H. Overall quality of customer service provided by the Town of Westlake I. Overall efforts by the Town to manage storm water run-off J. Westlake Academy 2. Which THREE of the services listed above are most important to you? [Write in the letters below using the letters from the list in Question 1 above]. 1st:____ 2nd:____ 3rd:____ 3. Overall, how safe do you feel in the Town of Westlake? ___(4) Very safe ___(3) Safe ___(2) Unsafe ___(1) Very unsafe ___(9) Don’t know 2 4. Satisfaction with Specific Types of Services Provided By the Town . Using a scale of 1 to 5, where 5 means “very satisfied” and 1 means “very dissatisfied,” please rate your satisfaction with each of the following: How Satisfied are you with: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know Police Services A. Overall quality of local police protection 5 4 3 2 1 9 B. Visibility of police in neighborhoods 5 4 3 2 1 9 C. How quickly police respond to emergencies 5 4 3 2 1 9 D. Efforts by the Town to prevent crime 5 4 3 2 1 9 E. Level of traffic enforcement 5 4 3 2 1 9 F. Municipal Court services 5 4 3 2 1 9 Fire and Medical Services G. Overall quality of fire services 5 4 3 2 1 9 H. Overall quality of emergency medical services 5 4 3 2 1 9 I. How quickly fire and emergency medical services personnel respond 5 4 3 2 1 9 Maintenance Services J. Condition of major streets in Westlake 5 4 3 2 1 9 K. Overall condition of streets in your neighborhood 5 4 3 2 1 9 L. Cleanliness of streets/other public areas 5 4 3 2 1 9 Parks and Recreation Services M. Maintenance of the Town park 5 4 3 2 1 9 N. Number of parks in your community 5 4 3 2 1 9 O. Number of walking/biking trails 5 4 3 2 1 9 P. Quality of outdoor athletic fields available to the Westlake community 5 4 3 2 1 9 Utility Services 3 Q. Residential trash collection services 5 4 3 2 1 9 R. Curbside recycling services 5 4 3 2 1 9 S. Yard waste collection services 5 4 3 2 1 9 T. Bulky item pick up/removal services (old furniture, appliances. etc.) 5 4 3 2 1 9 U. Town efforts to promote water conservation and protect water resources 5 4 3 2 1 9 V. Household hazardous waste disposal service (for oil, paint, etc) 5 4 3 2 1 9 W. Enforcing the cleanup of junk and debris on private property in your community 5 4 3 2 1 9 X. Enforcing the mowing and cutting of weeds and grass on private property 5 4 3 2 1 9 Y. Enforcing the exterior maintenance of residential property 5 4 3 2 1 9 Z. Enforcing sign regulations 5 4 3 2 1 9 AA. Enforcement of yard parking regulations for things such as boats and RVs in your neighborhood 5 4 3 2 1 9 5. Which FIVE of the services listed above are most important to you? [Write in the letters below using the letters from the list in Question 4 above]. 1st:____ 2nd:____ 3rd:____ 4th:____ 5th:_____ 6. Several items that may influence your perception of the Town of Westlake are listed below. Please rate each item on a scale of 1 to 5 where 5 means “very satisfied” and 1 means “very dissatisfied.” How Satisfied are you with: Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Don’t Know A. Overall quality of governmental services provided by the Town of Westlake 5 4 3 2 1 9 B. Overall value that you receive from local revenue sources (i.e. sales tax, fees, and permits) 5 4 3 2 1 9 C. Overall quality of life in Westlake 5 4 3 2 1 9 4 D. The accessibility of local government in the Town of Westlake 5 4 3 2 1 9 E. Efforts to ensure the Town Vision is maintained 5 4 3 2 1 9 F. Standards of Development in the Community 5 4 3 2 1 9 G. How well Westlake is planning its growth 5 4 3 2 1 9 H. The Town’s leadership to preserve the environment 5 4 3 2 1 9 I. The direction the Town is heading 5 4 3 2 1 9 J. Your decision to live in the Town of Westlake 5 4 3 2 1 9 K. Sense of community in the Town of Westlake 5 4 3 2 1 9 L. Image of the Town of Westlake 5 4 3 2 1 9 Section II: Reasons for Living in Westlake 7. Using a scale of 1 to 5, where 5 means “Extremely Important” and 1 means “Not Important,” please indicate how important the following issues were to your decision to move to the Town of Westlake. How important was? Extremely Important Very Important Important Less Important Not Important Don’t Know A. Proximity to Dallas & Fort Worth 5 4 3 2 1 9 B. Westlake Academy 5 4 3 2 1 9 C. Type of housing available 5 4 3 2 1 9 D. Low taxes 5 4 3 2 1 9 E. Sense of community 5 4 3 2 1 9 F. Access to the Airport 5 4 3 2 1 9 G. The aesthetic appeal and high development standards 5 4 3 2 1 9 H. Small town feel/rural atmosphere 5 4 3 2 1 9 5 I. To live near friends/family 5 4 3 2 1 9 J. To live in your specific neighborhood 5 4 3 2 1 9 8. Which THREE of the reasons listed above are the most important reasons you will stay in Westlake over the next 5 years? [Write in the letters below using the letters from the list in Question 7 above]. 1st:____ 2nd:____ 3rd:____ Section III: Westlake Academy 9. Using a scale of 1 to 5, where 5 means “Strongly Agee” and 1 means “Strongly Disagree,” please rate your level of agreement with the following statements about Westlake Academy. Statements about Westlake Academy Strongly Agree Agree Neutral Disagree Strongly Disagree Don’t Know A. Westlake Academy provides students with a quality education 5 4 3 2 1 9 B. I understand how Westlake Academy is governed and funded 5 4 3 2 1 9 C. I think Westlake Academy adds value to the Town of Westlake 5 4 3 2 1 9 D. I think Westlake Academy adds value to my property 5 4 3 2 1 9 Section IV: Financial Issues Currently, the Town of Westlake does not have a property tax. Revenues for the services the Town provides have traditionally come from various sources, including sales tax, fees, and permits. However, based on five-year forecasts, the Town will be unable to pay debts and keep up with demand for services through the reliance on traditional revenue sources by Fiscal Year 2013. The Town has explored many options to address this situation, including cutbacks, contracting out services, and a small property tax. 10. How willing are you to pay a property tax to avoid reductions in the following services that are currently provided by the Town: Very Willing Willing Somewhat Willing Not Willing Not Willing at All Don’t Know A. Public safety services (police, fire, and emergency medical services) 5 4 3 2 1 9 6 B. Maintenance of Town streets & drainage 5 4 3 2 1 9 C. Westlake Academy 5 4 3 2 1 9 D. Historic preservation 5 4 3 2 1 9 E. Streetscaping (landscaping/aesthetic treatments along major road medians and rights-of-way) 5 4 3 2 1 9 F. Parks, trails, and recreation programs 5 4 3 2 1 9 G. Storm water management 5 4 3 2 1 9 H. Public art 5 4 3 2 1 9 11. Services and projects that have not been accomplished by the Town due to a lack of funds are listed below. If a new property tax were to provide funding to complete one or more of these projects, which TWO should be the Town’s highest priorities? Write the letters for your top two choices using the letters from the list below. If you do not support any of these projects, circle “NONE”. (A) Public safety/new fire station (B) Enhanced streetscaping for Precinct Line Road (FM 1938) (C) Street and drainage improvements (D) Trails, bike paths, and parks improvements (E) Improvements to Westlake Academy 1st Choice:____ 2nd Choice:____ NONE (Do Not Support any of these projects) Section V: Communication and Demographics 12. Which of the following are your PRIMARY sources of information about the Town of Westlake? (Check all that apply) ___(1) E-mail from the Town ___(2) Westlake Wire- have you read the Westlake Wire during the past year? YES/NO ___(3) Town website - have you looked at Council packets on the website? YES/ NO ___(4) Voice messages from the Town ___(5) The Time Register (newspaper) ___(6) Other: ______________________________________ 13. How many years have you lived in Westlake? ___(1) less than 1 year ___(2) 2-5 years 7 ___(3) 6-10 years ___(4) 11-20 years ___(5) more than 20 years 14. What is your age? _____ years 15. Do any children in grades K-12 currently live in your home? ___(1) Yes – answer #15a ___(2) No 15a. IF YES to #15: Do any of these children currently attend Westlake Academy? ___(1) Yes ___(2) No – answer 14b 15b. IF NO to #15a: Did any of these children previously attend Westlake Academy? ___(1) Yes – answer 15c ___(2) No 15c. Are you considering re-enrolling them at Westlake Academy? ___(1) Yes ___(2) No 16. In which subdivision do you live? ___(1) Stagecoach Hills ___(2) Vaquero ___(3) Wyck Hill ___(4) Glenwyck Farms ___(5) Mahotea Boone ___(6) Other: ___________________ 17. Which of the following BEST describes your total annual household income? ___(1) Under $50,000 ___(2) $50,000 - $150,000 ___(3) $150,000 - $500,000 ___(4) Over $500,000 8 18. Gender: ___(1) Male ___(2) Female OPTIONAL: If you have any other comments please write them in the space provided below. 2009 Town of Westlake Resident Survey(questions NOT used in the 2010 survey) 3. Using a scale of 1 to 5 where 5 means “excellent” and 1 means “poor,” please rate Westlake with regard to the following:isfied are you with Westlake: Excellent Good A. As a place to live B. As a place to work C. As a place to retire D. As a community that is moving in the right direction 7. Expanding Town Services. Since the revenue from the Town’s sales tax and user fees is projected not to keep pace with the cost of providing Town services, it appears unlikely that the Town could increase the levels of Town services. Using a scale of 1 to 5 where 5 means “very willing” and 1 means “not willing at all,” please rate your willingness to pay a Town property tax to fund expanded levels of service in the following areas: A. Public safety services (police, fire, and emergency medical services) B. Maintenance of Town streets & drainage C. Westlake Academy D. Historic preservation E. Streetscaping (landscaping/aesthetic treatments along major road medians and rights-of-way) F. Parks, trails, and recreation programs G. New fire station H. New Town hall I. Public art 8. Satisfaction with Specific Types of Services Provided By the Town. Using a scale of 1 to 5, where 5 means “very satisfied” and 1 means “very dissatisfied,” please rate your satisfaction with each of the following: Know Communication/Citizen Engagement Q. Availability of information about Town services and activities R. Timeliness of information provided by the Town of Westlake S. Efforts by the Town of Westlake to keep you informed about local issues T. Usefulness of the Town newsletter U. The Town of Westlake’s website V. The level of public involvement in local decisions 9 9. Satisfaction with Specific Types of Services Provided By the Town (Continued). Using a scale of 1 to 5, where 5 means “very satisfied” and 1 means “very dissatisfied,” please rate your satisfaction with each of the following: Code Enforcement Services F. Town efforts to remove abandoned or inoperative vehicles 11. Do you think the standards for new commercial and residential development in the Town of Westlake are too high, about right, or too low? ___(1) Too high ___(2) About right ___(3) Too low ___(9) Don’t know 12. Ar e you familiar with the Town’s “Dark Sky” Plan? a.) ___(1) Yes ___(2) No b.) If yes, are you supportive of it? ___ (1) Yes ___ (2) No 14. Have you eaten at any of the Solana restaurants during the past year? ___(1) Yes ___(2) No 17c. If YES to #17b: Why did your children stop attending Westlake Academy? _______________________________________________________________ EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a): Personnel Matters – to deliberate the appointment or employment of a Director of Communications. Town of Westlake Item # 6 – Executive Session Town of Westlake Item # 7 – Reconvene Meeting COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item # 8 Council Recap / Staff Direction Town of Westlake Item # 9 – Workshop Adjournment Back up material has not been provided for this item. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Proclamation recognizing the National Day of Prayer on May 5, 2011. Proclamation recognizing Public Service Week May 3-9, 2011. Town of Westlake Item # 2 – Citizen’s Presentations and recognitions Town of Westlake Proclamation WHEREAS, public prayer and national days of prayer have a long-standing and significant history in American tradition since the first call to prayer in 1775 when the Continental Congress asked the colonies to pray for wisdom in forming a nation; and WHEREAS, in 1952 the Congress of the United States by a joint resolution enacted legislation setting aside an annual day of prayer for the nation, and in 1988 this law was amended permanently setting the day as the first Thursday of every May; and WHEREAS, the National Day of Prayer has great significance for us as a nation, enabling us to recall and to teach the way in which our forefathers sought the wisdom of God when faced with critical decisions, thus reaffirming the spiritual principles upon which this nation was founded; and WHEREAS, in these trying times, when the world is so unsettled and when so many brave citizens of the United States are far from home, making great sacrifices for those abroad and those here at home, prayer becomes all the more meaningful and important; and WHEREAS, this year is the 60th anniversary of the consecutive annual observance of the National Day of Prayer, and its theme is “A MIGHTY FORTRESS IS OUR GOD” based on Psalm 91:2; and WHEREAS, on this day Americans across our nation and state will unite and heed the call to humbly come before God, to acknowledge our dependency upon Him and give Him thanks for the many blessings we have received from Him, and to seek His guidance for our leaders and His grace and protection upon us as a people and a nation; NOW, THEREFORE, I Laura Wheat, by the Power vested in me as Mayor of Westlake, hereby proclaim Thursday, May 5, 2011, as A DAY OF PRAYER IN WESTLAKE And invite all in our town to observe this day in ways appropriate to its importance and significance as a time for united prayer in our city. Executed this 25th day of April 2011. __________________________________________ Laura Wheat, Mayor ATTEST: __________________________________ Kelly Edwards, Town Secretary WHEREAS: Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation working; WHEREAS: Public employees take not only jobs, but oaths; WHEREAS: Many public servants, including military personnel, police officers, firefighters, border patrol officers, embassy employees, health care professionals and others, risk their lives each day in service to the people of the United States and around the world; WHEREAS: Public servants include teachers, doctors and scientists . . .train conductors and astronauts . . . nurses and safety inspectors . . . laborers, computer technicians, social workers and countless other occupations. Day in and day out they provide the diverse services demanded by the American people of their government with efficiency and integrity; and WHEREAS: Without these public servants at every level, continuity would be impossible in a democracy that regularly changes its leaders and elected officials; WHEREAS: I, Laura Wheat, Mayor of the Town of Westlake do hereby announce and proclaim to all citizens and set seal hereto, that May 1-7, 2011, Public Service Recognition Week In Westlake, Texas and call upon the citizens to recognize and express their appreciation for the vital contributions made daily by public employees and volunteers throughout the Town of Westlake. IN WITNESS THEREOF, I have hereunto set my hand and caused the official seal of the Town of Westlake, Texas to be affixed this 25th day of April 2011. ______________________________________________ Laura Wheat, Mayor Town of Westlake Proclamation 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 March 28, 2011. b. Consider approval of the minutes from the meeting held on March 29, 2011. c. Consider approval of the minutes from the meeting held on April 4, 2011. d. Consider approval of Resolution 11-13, Approving a Memorandum of Understanding (MOU) between the Town of Westlake, Town of Trophy Club, and the City of Roanoke, regarding an agreement in principal to pursue a variety of intergovernmental cooperative initiatives. e. Consider approval of Resolution 11-14, Appointing a member to the Texas Student Housing Authority board. Town of Westlake Item # 3 - Consent Agenda Items Town Council Minutes 03/28/11 Page 1 of 6 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING March 28, 2011 PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, and Rick Rennhack. ABSENT: Carol Langdon OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Assistant to the Town Manager Ginger Awtry, Special Projects and Municipal Court Administrator Amanda DeGan, Fire Chief Richard Whitten, Public Works Director Jarrod Greenwood, and Facilities and Recreation Director Troy Meyer. Workshop Session 1. CALL TO ORDER Mayor Wheat called the workshop to order at 4:43 p.m. 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM MARCH 28, 2011, REGULAR MEETING. Mayor Wheat asked for additional information regarding the Flood plain ordinance and Public Works Director Jarrod Greenwood provided clarification of the amendment as requested from FEMA. Town Manager Brymer provided an overview of item d regarding the funding of paving enhancements on the FM 1938 project. 3. DISCUSSION ITEMS a. Presentation and update on FM 1938 construction and proposed pavement improvements. Town Council Minutes 03/28/11 Page 2 of 6 Public Works Director Greenwood provided a presentation and overview of the proposed improvements and current status of construction of FM 1938. Discussion ensued regarding the aesthetics of the walls along the roadway, traffic flows once the Westlake section is complete, landscaping, the trail system and connectivity to the FM 1938 underpass. b. Discussion and review of a Draft Memorandum of Understanding (MOU) between Westlake, Trophy Club, Roanoke, and Northwest ISD Regarding an Agreement to Pursue a Variety of Intergovernmental Cooperative Initiatives Town Manager Brymer provided an overview of the MOU for regional cooperation between the municipalities regarding development along a joint corridor of Highways 114 and 170. Attorney Lowry clarified that the MOU agreement is non-binding. 4. EXECUTIVE SESSION – 5:28 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) Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. 5. RECONVENE MEETING Mayor Wheat reconvened the workshop at 7:50 p.m. 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. - No Action Taken 7. COUNCIL RECAP / STAFF DIRECTION - None Town Council Minutes 03/28/11 Page 3 of 6 8. ADJOURNMENT There being no further business before the Council, Mayor Wheat adjourned the workshop at 7:50 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular meeting to order at 7:50 p.m., with all members present. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. CITIZEN PRESENTATIONS AND RECOGNITIONS Mayor Wheat read a Proclamation regarding Parental Alienation Awareness Day. Ms. Wendy Archer received the proclamation and stated they will be hosting an event on April 25th , in Central Park in the Southlake Town square shopping center. 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting held on February 28, 2011. b. Consider approval of Resolution 11-09, Authorizing the Town Manager to execute a contract with Graham Associates for engineering design and contract management services related to the adopted Capital Improvement Plan. c. Consider approval of Ordinance 657, Amending Chapter 42, Article II Floodplain, Section 42-35, identifying published dates of Tarrant County and Denton County Flood Insurance Rate Maps and Flood Insurance Studies. d. Consider approval of Resolution 11-10, Authorizing the Town Manager to execute a contract with the Texas Department of Transportation for pavement enhancement work related to FM 1938. MOTION: Council Member Rennhack made a motion to approve the consent agenda. Council Member Brittan seconded the motion. The motion carried by a vote of 3-0. Town Council Minutes 03/28/11 Page 4 of 6 5. CONSIDER ACCEPTANCE OF THE CERTIFICATION OF UNOPPOSED CANDIDATES. MOTION: Council Member Brittan made a motion to accept the certification of unopposed candidate. Council Member Cox seconded the motion. The motion carried by a vote of 3-0. 6. CONSIDER APPROVAL OF ORDINANCE 658, CANCELING THE MAY 14, 2011, GENERAL ELECTION. MOTION: Council Member Rennhack made a motion to approve Ordinance 658. Council Member Cox seconded the motion. The motion carried by a vote of 3-0. 7. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. 8. RECONVENE MEETING The Council did not convene into Executive Session. 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Cox made a motion on Item b of Executive Session to amend the Town Manager’s employment agreement to include a 2% increase effective April 1, 2011. Council Member Brittan seconded the motion. The motion carried by a vote of 3-0. Discussion ensued regarding Item b of Executive Session. The Council asked that the agreement be revised to show projects 5-7 as one project and a correction on Exhibit B to show there improvements to Ottinger Road, across from Westlake Academy. Town Council Minutes 03/28/11 Page 5 of 6 MOTION: Council Member Rennhack made a motion on Item a of Executive Session to approve the MOU with Hillwood Development contingent upon the order of projects 5-7 being numbered as one project and a correction on Exhibit B to show there improvements to Ottinger Road, across from Westlake Academy. Council Member Cox seconded the motion. The motion carried by a vote of 3-0. 10. FUTURE AGENDA ITEMS - None 11. COUNCIL RECAP / STAFF DIRECTION - Staff to complete the MOU with revisions as discussed - Schedule the Strategic planning meetings - Staff to advise adding the review of Advisory minutes to the agenda 12. COUNCIL CALENDAR - Town Offices Closed (Good Friday) April 22, 2011 - Arbor Day Celebration April 23, 2011 - Town Council Meeting April 25, 2011 - Town Council Meeting Rescheduling the September 26th to September 28th due to Baja Town Council Minutes 03/28/11 Page 6 of 6 13. 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 Cox seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 8:07 p.m. APPROVED BY THE TOWN COUNCIL APRIL 25, 2011. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 03/29/11 Page 1 of 3 MINUTES OF THE REGIONAL COUNCIL JOINT WORKSHOP March 29, 2011 Byron Nelson High School Library (East Door Entrance) 2775 Bobcat Boulevard Trophy Club, Texas 76262 PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox Carol Langdon, and Rick Rennhack. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Ginger Awtry, Special Projects and Municipal Court Administrator Amanda DeGan, Public Works Director Jarrod Greenwood, and Facilities and Recreation Director Troy Meyer. 1. Welcome (Trophy Club Town Manager Slye) Trophy Club Mayor White called the meeting to order at 7:00 p.m. Westlake, Trophy Club and Roanoke Councils were all present with quorums. Town of Trophy Club, Town Manager, Mike Slye provided an overview and the purpose of this joint meeting. Mission - Develop strong neighboring government partnerships in order to better serve our communities. With a purpose to develop long-term partnerships committed to superior economic, civic and regional development for the future Town Council Minutes 03/29/11 Page 2 of 3 2. Discussion of a proposed Memorandum of Understanding for HWY 114 and HWY 170 Corridor Development (Westlake Town Manager Brymer) Town of Westlake Town Manager Tom Brymer, Town of Westlake, provided a presentation and overview of the draft Memo of Understanding (MOU). Mr. Brymer clarified that this is a non binding agreement. Should 170 and nor 114. Possible areas of cooperation include planning and development. (get info off of the slide) . Town of Westlake Public Works Director Jarrod Greenwood provided an overview of the construction of Highways 114 and 170. Mr. Greenwood also presented a conceptual drawing and proposed enhancements. Discussion ensued regarding signage for all three municipalities, the length of the project, the possible enhancements, an additional agreement between Roanoke and Westlake regarding any projects for the intersection of Highways 377 and 170, and the process for approval of the streetscape designs by Staff and Council and participation in TxDot meetings 3. Discussion of Proposed Trail Connector Project Town of Westlake Facilities and Recreation Director Troy Meyer provided an overview of the possibility to connect trails between the bordering municipalities Discussion ensued regarding the creations of those connections and possible grants to help fund the projects. 4. Discussion of a proposed Memorandum of Understanding for regional park access and use Trophy Club Mayor White opened the topic for discussion on the possibilities of working together with each communities parks and facilities. Discussion ensued regarding the possibility of regional facilities and concern regarding the number of users and the size of the facilities, non-resident fees, joint parks or other facilities and how to benefit from regional event opportunities. 5. Community Update (5 minutes each) Mayor Gierisch announced that the construction Hawaiian Falls is scheduled to open in the Summer, an additional BBQ restaurant, Fuzzy’s Tacos, new retail development at inter Roanoke Town Council Minutes 03/29/11 Page 3 of 3 section of highways 114 and 170, new retail on Oak Street, LG will open a distribution center in Alliance, Unique week and the community Easter egg hunt on April 16, 2011. Trophy Club Mayor White announced new construction of a roundabout at the intersection Trophy Club and Trophy Lake, grand opening new trails and the Frisbee Golf course on April 9 th , that construction on the baseball fields and dog park, the addition of 87 new homes, and the construction of an elevated storage tank on the northwest corner of the Byron Nelson High School property. Mayor Wheat provided an update on Deloitte University, construction on FM 1938, that Westlake Academy will be expanding the student body to 630 and graduating the 2 Westlake nd class, future Dove and Ottinger road improvements and that Arbor Day will be held on April 23rd at Glenwyck Park. 6. Discussion of future meetings Councils agree to schedule additional meetings after further review by each community and City/Town Managers. ADJOURN The meeting adjouned at 9:00 p.m. APPROVED BY THE TOWN COUNCIL APRIL 25, 2011. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 04/04/11 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS SPECIAL TOWN COUNCIL MEETING April 4, 2011 PRESENT: Mayor Laura Wheat and Council Members, Clif Cox, and Rick Rennhack. ABSENT: Tim Brittan OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Assistant to the Town Manager Ginger Awtry, Special Projects and Municipal Court Administrator Amanda DeGan, Fire Chief Richard Whitten, Public Works Director Jarrod Greenwood, and Facilities and Recreation Director Troy Meyer. Special Session 1. CALL TO ORDER Mayor Wheat called the special meeting to order at 5:04 p.m. 2. CONSIDERATION AND DISCUSSION OF RESOLUTION 11-11, TO CONTINUE TO ALLOW TEMPORARY STRUCTURES ON THE PROPERTY ADDRESSED AS 2900 DOVE ROAD, BEING ABRTRACT 680, TR 7B OF THE GREENBERRY B. HENDRICKS SURVEY, GENERALLY LOCATED ON THE SOUTH SIDE OF DOVE ROAD AND EAST OF THE PAIGEBROOKE SUBDIVISION TO SERVE AS THE FIRE STATION. Town Manager Brymer provided an overview of both Resolution 11-11 and 11-12 regarding the temporary structures. Discussion ensued regarding the use of the structures for the Fire Station and Academy classrooms. Town Council Minutes 04/04/11 Page 2 of 2 MOTION: Council Member Rennhack made a motion to approve Resolution 11-11. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. 3. CONSIDERATION AND DISCUSSION OF RESOLUTION 11-12, TO ALLOW TEMPORARY STRUCTURES ON THE PROPERTY ADDRESSED AS 2600 J. T. OTTINGER ROAD, BEING LOT 1, BLOCK 1, OF THE WESTLAKE MUNICIPAL COMPLEX ADDITION. MOTION: Council Member Rennhack made a motion to approve Resolution 11-12. Council Member Cox seconded the motion. The motion carried by a vote of 3-0. 4. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Cox made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 5:09 p.m. APPROVED BY THE TOWN COUNCIL APRIL 25, 2011. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 TOWN COUNCIL AGENDA ITEM Department: Town Manager Meeting Date: April 25, 2011 Staff Contact: Tom Brymer, Town Manager Regular Subject: Consideration of a Resolution Approving a Memorandum of Understanding (MOU) between the Town of Westlake, Town of Trophy Club, and the City of Roanoke, Regarding an Agreement in Principal to Pursue a Variety of Intergovernmental Cooperative Initiatives In 2008 the governing bodies of Westlake, Trophy Club, Roanoke, and Northwest ISD held meetings to discuss communication and areas for potential cooperation between the entities. At one of these meetings, former Westlake Town Council member Larry Corson presented an example of a Memorandum of Understanding (MOU) from another jurisdiction(s) regarding intergovernmental cooperation on a joint development project. Those present agreed to discuss this matter further at the next meeting of these governing bodies. EXECUTIVE SUMMARY Following that, a draft MOU was prepared by the Westlake Town Manager for the Westlake Town Council’s review and discussion at their January 29, 2009 workshop. This draft MOU was also conveyed to the Town Managers of Trophy Club and Roanoke for them to share with their Councils as well (it has also been sent to the city managers of Southlake and Keller). The draft MOU was again reviewed in a Westlake Town Council workshop on March 28, 2011 prior to discussing it a joint workshop with the city councils of Trophy Club and Roanoke on March 29, 2011. At that joint workshop, the respective councils made some suggestions on changes they would like to see in the draft MOU, but overall liked its basic format and premise, and agreed to consider the proposed MOU for approval at their individual council meetings. Since the March 29th joint workshop, the city managers of Roanoke, Trophy Club, and Westlake and agreed to minor wording revisions. That version of the MOU is attached for consideration by the Westlake Town Council. The MOU is scheduled for consideration by the Trophy Club and Roanoke Councils in the near future. It is important to note that this is an agreement to agree to cooperate, where possible, in a number of areas specified in the MOU. Specific projects that are later identified that come out of the collaborative framework established by this MOU would require a separate intergovernmental agreement or agreements that would be subject to approval by the particular municipality’s governing body involved in that project before any binding contractual commitment or commitment of financial resources could be made by any jurisdiction. Inviting Residential and Corporate Neighborhoods APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders Hospitality Finds its Home in Westlake Funded Not Funded N/A FISCAL IMPACT Adopt the resolution adopting this MOU. The city managers are recommending that initially that Westlake, Roanoke, and Trophy Club be parties to this agreement. If other entities become interested in being added to it, that can be considered by the three cities at that time. RECOMMENDATION / ACTION REQUESTED/ OPTIONS Page 2 of 2 1. Resolution Approving the MOU Regarding the Joint Regional Local Governments ATTACHMENTS 2. Draft Memorandum of Understanding 3. Exhibit A to MOU Resolution 11-13 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 11-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A MEMORANDUM OF UNDERSTANDING AGREEING IN PRINCIPAL TO PURSUE VARIOUS INTERGOVERNMENTAL INITIATIVES VIA THE JOINT REGIONAL GOVERNMENTS OF WESTLAKE, TROPHY CLUB, AND ROANOKE. WHEREAS, the Westlake Town Council has identified intergovernmental cooperation as a strategic priority; and, WHEREAS, intergovernmental cooperation supports the Town’s Strategic Plan Vision Point Two- We are Leaders under the Key Result Area of “high quality services delivery coupled with financial stewardship”; and, WHEREAS, the Westlake Town Council has reviewed this Memorandum of Understanding (MOU) as well as discussed it in a joint session with the governing bodies of the Town of Trophy Club and the City of Roanoke, with all three governing bodies agreeing to consider approval of this MOU; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby approves the attached Memorandum of Understanding (MOU) with the Town of Trophy Club and the City of Roanoke attached hereto as Exhibit “A”; and further authorizes the Town Manager and Mayor to execute said agreement on behalf of the Town of Westlake. 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 11-13 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25TH DAY OF APRIL 2011. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 1 MEMORANDUM OF UNDERSTANDING REGARDING THE JOINT REGIONAL LOCAL GOVERNMENTS This Memorandum of Understanding (MOU), entered into this 18th day of April, 2011, by and between the JOINT REGIONAL LOCAL GOVERNMENTS (“JRLG”); Town of Trophy Club (“Trophy Club”), the Town of Westlake (“Westlake”), and the City of Roanoke (“Roanoke”), all three of which may collectively be referred to herein as the “JRLG”: WHEREAS, the local governments which constitute the JRLG have in the past worked cooperatively with one another, but wish to enhance that level of cooperation to the further benefit of all the citizens, businesses, and property owners located within each local government that comprise the JRLG; and WHEREAS, the JRLG recognizes and acknowledges that each local government represented in this MOU is an independent unit of local government with its own sovereignty and ability to make its own decisions; and WHEREAS, the JRLG further recognizes that each entity has its own unique perspectives and may have differing philosophical views held by their respective policy makers and citizens on specific issues, services, and projects, as well as differing regulatory schemes, but nonetheless, each understands that there are numerous areas where cooperative common ground can be forged to the benefit of all the citizens, businesses, and property owners that comprise each local government within the JRLG; and WHEREAS, the JRLG and its four local government members recognize that there are certain values that each have in common in developing policy and vision outcomes for preserving and improving the character of their contiguous boundary areas, as well as opportunities of mutual interest for pooling of resources in cooperative efforts that reduce duplication of services and/or facilities, as well as provide for efficiencies in service delivery that are of mutual benefit; and WHEREAS, as a result of current and anticipated growth and development in the communities and local governments of the JRLG, that each local government that is a party to this MOU recognizes the need for on-going, regular communication, collaboration, and exchange of information to resolve issues, deal with growth, and maintain, as well as improve, the quality of life for their respective citizens; NOW THEREFORE, in consideration of the mutual considerations and understandings of the parties, the local governments of the JRLG enter into this Memorandum of Understanding, as follows: SECTION I: PLANNING, DEVELOPMENT AND PHYSICAL GROWTH RELATED COOPERATIVE EFFORTS A. General. Each JRLG local government clearly understands the impact growth and development has played in shaping this area and each recognizes the importance of proactive, visionary planning as the chief tool to properly deal with growth. As such the JRLG agrees to work cooperatively at the both the staff and elected officials level in the following areas to improve the planning, standards, and type of future growth that the JRLG will experience in their shared boundary areas as shown on attached Exhibit A to this MOU, to include, but not be limited to the following: 1. Development Projects/Zoning Change Requests. The JRLG will notify the staff of each member of the JRLG of any development projects or zoning change requests in the areas shown in Exhibit A and allow employees of each of the local governments that comprise the JRLG to attend and make comment at development review meetings for these projects. For the purposes of this MOU, development projects shall include plats, site plans, building elevations, landscaping, and lighting. It is recognized that each member of the JRLG retains authority to make decisions regarding all development projects located in their respective jurisdiction. However, the JRLG member in whose boundaries a development project is located shall agree to extend reasonable efforts to take into consideration and deliberation the views, plans, and development standards of the other JRLG member or members in its review of development projects. 2. Traffic. The JRLG agrees to share traffic impact analysis for all development projects and/or zoning change requests for property located along the areas represented in Exhibit A as well as any traffic count information conducted for those areas. 3. Access/Traffic Signal Locations. The JRLG agrees to work to coordinate pedestrian and vehicle ingress/egress access points for all development projects located along the areas represented in Exhibit A, as well as work to coordinate intersections planned for Exhibit A and to mesh their thoroughfare/transportation plans to create intersections that optimize traffic mobility. Along State roadways shown on Exhibit A, efforts will be made to consolidate access points and require deceleration lanes to enhance safety and traffic movement on these roadways. Further, for proposed new traffic signals for intersections located in the area shown in Exhibit A, the JRLG agrees to coordinate and work towards mutual agreement for all traffic signal warrant studies and traffic signal location. 4. Storm Water. The JRLG agrees that for development projects located in Exhibit A, adequate opportunity to review storm water runoff flows from the development site will be afforded to members of the JRLG that receive those flows downstream from the subject development site and that reasonable efforts will be made to mitigate downstream impact of those storm water runoff flows including examining and discussing opportunities for regional storm water management facilities. 5. Master Plans. The JRLG agrees to work to coordinate and advise each local government comprising the JRLG of any proposed changes to their comprehensive plan for areas located in Exhibit A. These comprehensive plan changes may include, but are not limited to, the land use plan as well its subsidiary plans. Plans subsidiary to the comprehensive plan may include, but are not limited to the, thoroughfare plan (including pedestrian, bikeways, and motor vehicle), parks and open space plan (including trails), and utility master plans. JRLG members that are proposing changes to their comprehensive plan in areas located in Exhibit A shall provide affected JRLG members adequate time and opportunity to comment to their staff, governing body, and planning and zoning commission regarding these proposed changes prior to any changes being made. 6. Corridor Plans. The JRLG acknowledges that the State controlled roadways shown in Exhibit A represent significant corridors for each JRLG local government, the development of which will create a distinct visual identity and sense of place for each community. As such, these State roadways provide significant opportunities for the JRLG to develop high profile and distinctive view corridors with a strong emphasis on high aesthetic appeal and standards that feature high quality land use, architecture, landscaping, coordinated zoning, zoning overlays, and signage. The JRLG agrees to place a priority on the development of these corridors utilizing these tools to create this unique sense of place, as well as work to minimize with stringent aesthetic requirements, the visual impact of oil/gas drilling and production sites located in these corridors as shown in Exhibit A. 7. Streetscaping/Landscaping Plans. The JRLG recognizes the State controlled roadways shown in Exhibit A represent significant visual corridors for each JRLG local government and, as such, merit consideration as major portal/gateways into their respective community. The JRLG agree to coordinate streetscape and landscape plans for these corridors with special emphasis on coordinating streetscape and public art locations along these roadways. Streetscape treatments along these State roadways can include, but are not limited to, roadway intersections, street lighting fixtures, way finding, public art, traffic signal standards, bridges/overpasses, sidewalks, street trees, water features, and screening wall treatments. 8. Development Standards. While each JLRG local government has its own development standards, it is recognized that some standards may set a stronger visual standard than others. Where this situation occurs for development projects located in the areas shown in Exhibit A, the JRLG will strive to default to and utilize the highest standard of the JRLG members, particularly as it relates to landscaping and landscape buffer areas SECTION II: PARKS, TRAILS, AND PUBLIC FACILITY RELATED COOPERATIVE EFFORTS All JRLG local governments agree and recognize that opportunities should be continuously be pursued and identified by both staff and elected officials to collaborate on partnership opportunities for new joint parks, trails, and public building opportunities to optimize financial resources and avoid facility duplication. For that reason, the JRLG agrees to work cooperatively to coordinate development of their parks and trail systems, link each local government’s trail systems with those of other JRLG members, and pursue joint park, greenway, trail, recreation facility, and public building development opportunities. Additionally, to maximize the use of existing public assets and avoid duplication, it is agreed by the JRLG to pursue opportunities to share use of existing public buildings such as, but not limited to, gymnasiums, class rooms, libraries, community centers, recreation centers, subject to mutually agreeable terms and conditions being negotiated between the respective JRLG local governments. SECTION III: PUBLIC WORKS INFRASTRUCTURE RELATED COOPERATIVE EFFORTS The local governments of the JRLG value the pursuit of public works infrastructure projects recognizing that transportation, storm water, utility, traffic, and other such projects deal with issues and needs that extend beyond each jurisdiction’s corporate boundaries. The JRLG agrees and recognizes that opportunities should be continuously be pursued and identified by both staff and elected officials to collaborate on public works infrastructure projects and partnership opportunities for joint road, street, storm water, traffic, utility, and other opportunities to optimize financial resources and avoid infrastructure duplication. SECTION IV: JOINT SERVICE DELIVERY RELATED COOPERATIVE EFFORTS The JRLG agrees to consider and pursue opportunities for service delivery collaboration in the many areas of daily service delivery provided by the members of the JRLG including, but not limited to, street maintenance, drainage maintenance, equipment exchanges, public safety, traffic system maintenance, special events, employee benefit components, and others as may be identified. SECTION V: JOINT PURCHASING The JRLG agrees to identify and pursue on an on-going basis collaborative opportunities to jointly bid and/or purchase goods and services that all or some of the local governments comprising the JRLG need for service delivery. This also may include joint opportunities to sell surplus used equipment. SECTION VI: GENERAL PROVISIONS A. General. While this MOU represents a commitment by the JRLG to pursue the cooperative efforts outlined above; it shall be subject to the following: 1. Infrastructure and Development Standards. Each member of the JRLG shall retain authority to make decisions about the specific cooperative efforts described in this MOU based upon their respective infrastructure and development standards or specifications. However, in an effort to achieve uniform functionality for the roadways crossing jurisdictional boundaries and to address safety concerns for the traveling public, JRLG members agree to endeavor to develop and implement a unified standard and classification for roadways crossing jurisdictional boundaries. The parties agree that the standards set forth in the North Central Texas Council of Governments Standard Specifications for Public Works Construction will be utilized as a guide in making determinations of the scope and extent of improvements to such roadways. 2. Adequate Time for JRLG Members’ Input. The JRLG will strive, without unreasonable delay to JRLG members, to ensure that each JRLG member will be afforded reasonable early notification and involvement into the discussion of the various types of considerations outlined in this MOU thus allowing sufficient time for the JRLG members to review proposals, projects, agreements, etc. and provide comments and feedback to the approving JRLG member (i.e. - the member in whose jurisdictional boundaries the project is located). 3. Recognition of Other Existing Legal Requirements for JRLG Members. Nothing in this MOU shall be construed as limiting or affecting in any way the authority or legal responsibility of any JRLG member to act in accordance with any applicable Federal, State or local laws, regulations or requirements. Additionally, this MOU shall not be interpreted in such a way as to require that any funding or appropriations be required on the part of any party to this MOU. Nothing in this MOU shall be construed as waiving any right, defense, privilege, and/or immunity afforded any of the participating JRLG members. 4. MOU Requires Subsequent Agreements to Obligate JRLG Members. Nothing in this MOU shall obligate the JRLG or its members to obligate, budget, appropriate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the parties will require execution of separate agreements and be contingent upon the availability of appropriated funds and the approval of the governing body of the affected local government member of the JRLG. Such activities must be independently authorized by appropriate statutory authority. This MOU does not provide such authority. Negotiation, execution and administration of each such agreement must comply with all applicable statutes and regulations. 5. Future Amendments. The parties to this MOU agree that from time to time this MOU may be amended by its member local governments and where mutually agreed and approved by all the JRLG members existing at the time of the proposed amendment, other local governments be added as parties to this MOU and become members of the JRLG. 6. Authority to Sign This MOU. By signature, the local governments below certify that the individuals listed in this document as representatives of the local governments’ party to this MOU are authorized to act in their respective areas for matters related to this MOU and that the governing bodies of each of the local governments comprising the JRLG have each individually approved this MOU. TOWN OF TROPHY CLUB By Mayor, Connie White By Town Manager, Mike Slye ATTEST: Town Secretary, Shannon DePrater TOWN OF WESTLAKE By Mayor, Laura Wheat Town Manager, Thomas E. Brymer ATTEST: By Town Secretary, Kelly Edwards CITY OF ROANOKE By Mayor, Scooter Gierisch By City Manager, Jimmy Stathatos ATTEST: City Secretary, April Hill Page 1 of 1 TOWN COUNCIL AGENDA ITEM Department: Town Secretary Meeting Date: April 19, 2011 Staff Contact: Tom Brymer/Kelly Edwards Consent Subject: Consider a resolution to appoint a member to the Texas Student Housing Authority. Currently the Texas Student Housing Authority board has two vacancies. EXECUTIVE SUMMARY Inviting Residential and Corporate Neighborhoods APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders Hospitality Finds its Home in Westlake Funded Not Funded N/A FISCAL IMPACT Staff recommends the Council appoint a person to the board. RECOMMENDATION / ACTION REQUESTED/ OPTIONS None. ATTACHMENTS Resolution 11-14 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 11-14 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE TEXAS STUDENT HOUSING AUTHORITY BOARD. WHEREAS, Currently, vacancies exist on the Texas Student Housing Authority board; and WHEREAS, the meeting at which this Resolution was considered was open to the public as required by law, and public notice of the 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 Texas Student Housing Authority board for the term noted below: __________________ - 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. SECTION 4: PASSED AND APPROVED ON THIS 25th DAY OF APRIL 2011. That this resolution shall become effective from and after its date of passage. ___________________________________ Laura Wheat, Mayor Resolution 11-14 Page 2 of 2 ATTEST: ______________________________________ __________________________________ 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: Town Manager Meeting Date: April 25, 2011 Staff Contact: Tom Brymer, Town Manager Discussion/Regular Workshop Subject: Discussion of a Proposed Development Agreement with Hillwood Alliance Services for Various Ottinger Road and Dove Road Public Improvements Regular Meeting Consideration of a Resolution Approving a Development Agreement with Subject: Hillwood Alliance Services for Various Public Improvements to Dove and Ottinger Roads On March 28, 2011 the Town Council approved a Memorandum of Understanding (MOU) with Hillwood Alliance Services (Hillwood) for various public improvements to Ottinger and Dove Roads. The terms of this MOU included a requirement that within thirty (30) days from the date of approval of the MOU, both the Town and Hillwood would convert this MOU into a development agreement approved by both parties. Under the terms of this agreement, Hillwood will invest $4,665,818 in improvements to these roadways over the next thirty (30) months. This investment will be carried out in a series of seven (7) projects over a thirty (30) month time period. The first four (4) of these projects center on Ottinger Road improvements, improvements to the Pearson/Dove Road intersection, as well as improvements to the bridge/culvert structure located at Paigebrooke Creek and Dove Road. The Ottinger Road improvements will involve lane/road widening for added turn lanes along Ottinger Road, in front of Westlake Academy south along Ottinger Road toward the Deloitte University rear access drive. It will also include adding a northern access lane on Ottinger Road for turning into Westlake Academy. Later in this thirty (30) month time frame, various improvements will be done to sections of Dove Road and the Dove Road/Ottinger Road intersection. Hillwood’s investment is estimated based on the Town’s minimum standards. As design progresses, the Town can elect, subject to Town Council approval, to fund amounts over and above Hillwood’s $4.6 million if it chooses to exceed Town minimum design standards (for example, build a round about as opposed to a standard “T” intersection. EXECUTIVE SUMMARY Hillwood will serve as project manager, with the Town having plan approval authority and design oversight through a joint design review committee. The Town will receive monthly reports on all Hillwood expenditures for this partnership. As design details for these improvements are developed, they will be shared with the Westlake community. The $4.6 million in road improvements will be in lieu of Hillwood building a westerly road for the Deloitte University - Ottinger Road entrance per the terms of a June 2008 development agreement between the Town and Hillwood. The amount of traffic generated by Deloitte University is similar to the traffic amount generated by Westlake Academy. Additionally, Deloitte University is working with the Town to stagger employee shift changes so that traffic to their service entrance on Ottinger Road will have minimal impact on Westlake Academy peak traffic times. Since the March 28th Town Council approval of the MOU, an email blast was sent to Town residents about this and other transportation projects underway in Westlake. A page was added to the Town’s web site devoted to this project at http://www.westlake-tx.org/en/Dove_Ottinger.html. This page includes the approved MOU and its exhibits. Page 2 of 2 Inviting Residential and Corporate Neighborhoods APPLICABLE STRATEGIC PLAN VISION POINT We are Leaders Hospitality Finds its Home in Westlake Funded Not Funded N/A FISCAL IMPACT The amount funded by Hillwood, per the terms and projects listed in this development agreement, will be a maximum of $4,665,818. As the design progresses, the Town can elect, subject to Town Council approval, to fund amounts over and above Hillwood’s $4.6 million if it chooses to exceed Town minimum design standards. The Town does have limited funding in the approved CIP for Ottinger Road improvements that could be reprogrammed into these projects if the Council so chooses. If this development agreement is approved, it is recommended that the Town’s Capital Improvement Plan (CIP) be subsequently amended by the Town Council to reflect these specific projects and their funding source. With the exception of the limited funding for Ottinger Road improvements, the projects listed in this development agreement are currently not in the funded Town CIP. Since the MOU’s approval, staff has met with Hillwood to negotiate the terms of the development agreement. This agreement is attached and recommended for approval during the regular meeting. A presentation will be made at the workshop to reiterate the main points of the proposed development agreement. Following this presentation, it is recommended that Town Council members utilize the workshop for questions and comments regarding this proposed project. RECOMMENDATION / ACTION REQUESTED/ OPTIONS 1. Memorandum of Understanding approved by the Town Council on March 28, 2011. ATTACHMENTS 2. Resolution adopting the development agreement. 3. Proposed Development Agreement with exhibits showing location and timing of improvements. Resolution 11-15 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 11-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND HILLWOOD ALLIANCE SERVICES, LLC (HAS) , HW 2421 LAND, LP, AND HW 164 LAND, LP, PERTAINING TO RESPONSIBILITIES AND FUNDING FOR CERTAIN PUBLIC ROADWAY IMPROVEMENTS/EXTENSIONS, SIDEWALK/PEDESTRIAN TRAILS, AND LANDSCAPING FOR SECTIONS OF DOVE AND J.T. OTTINGER ROADS; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, the Town of Westlake (the “Town”) is experiencing planned growth through the attraction of economic development projects such as Deloitte University, which is consistent with the Town’s comprehensive plan, as well as enrollment growth at Westlake Academy and growth in the area in general, all of which contribute to demand for improvements to Town’s public roadway infrastructure, and WHEREAS, the Town and Hillwood Alliance Services (HAS), HW 2421 LAND, LP, AND HW 164 LAND, LP (collectively referred to as “Hillwood”) desire to entire enter into a partnership whereby Hillwood will invest approximately $4.6 million to fund certain public improvements to Dove and J.T. Ottinger Roads in the Town, and WHEREAS, the Town and Hillwood approved a Memorandum of Understanding (“MOU”) on March 28, 2011, with the understanding that the terms and conditions agreed upon in the MOU would be converted into a development agreement approved by both the Town and Hillwood within thirty (30) days of the MOU’s approval, and WHEREAS, the development agreement, attached hereto and incorporated herein as Exhibit A, sets out the responsibilities and funding for certain public roadway improvements/extensions, sidewalk/pedestrian trail improvements, and landscaping on Dove Road and J.T. Ottinger Road and removes requirements for construction of a westerly road for Deloitte University per the terms of a June 12, 2008, development agreement between the Town and Hillwood adopted by Resolution 08-36; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of the Town. 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. Resolution 11-15 Page 2 of 2 SECTION 2: That the development agreement, attached hereto and incorporated herein as Exhibit A (the “Development Agreement”), is here by approved. SECTION 3 : If any portion, provision, term or condition, of this Resolution, including any portion, provision, term or condition of the Development Agreement, shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining portions, provisions, terms or conditions hereof and the Council hereby determines that it would have adopted this Resolution and the Development Agreement without the invalid portion, provision, term or condition. SECTION 4 : That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25TH DAY OF APRIL 2011. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a): Personnel Matters – to deliberate the appointment or employment of a Director of Communications. Town of Westlake Item # 5 – Executive Session Town of Westlake Item # 6 – Reconvene Meeting TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY EXECUTIVE SESSION 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): Personnel Matters – to deliberate the appointment or employment of a Director of Communications. Town of Westlake Item # 7 – Take any Necessary Action, if necessary FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town of Westlake Item # 8 - Future Agenda Items COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item # 9 Council Recap / Staff Direction COUNCIL CALENDAR - Oath of Office May 19, 2011, at 4:30 p.m. - Town Council Meeting May 23, 2011 Town of Westlake Item # 10 – Council Calendar January 2011 1 February 2011 2 March 2011 3 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 1 2 3 4 5 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 27 28 29 30 31 30 31 April 2011 4 May 2011 5 June 2011 6 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 5/2-5/4 Early Voting 1 2 1 2 3 4 5 6 7 1 2 3 4 5/14 Election Day 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5/19 Election Canvass/Oath 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 5/17 New member 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 orientation (9-4) 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 5/20 BOT Planning Retreat 5/23 Governance Retreat 9:00 - 4:00 July 2011 7 August 2011 8 September 2011 9 6/17 WA Budget Retreat S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 9:00-1:00 1 2 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8/12 TC Budget Retreat 10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9:00-1:00 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 ICMA 9/18-9/21 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 31 October 2011 10 November 2011 11 December 2011 12 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 1 2 3 4 5 1 2 3 TML 10/11-10/14 2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 School Board School & Town Holiday Budget / Meeting Retreats Town Council School Holiday Town Holiday New Council/BOT Election Day /First/Last Day Orientation Special Meeting to of School Canvass Returns Meeting Schedule Town of Westlake Town of Westlake Item # 11 – Adjournment Back up material has not been provided for this item.