HomeMy WebLinkAbout06-25-07 TC MinMINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN MEETING
June 25, 2007
PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, April Gallagher, Don Redding,
and Bob Timmerman.
ABSENT: Alderman Pete Steger
OTHERS PRESENT: Town Manager Trent Petty, Town Attorney Stan Lowry, Town
Secretary Kim Sutter, Facilities and Recreation Director Troy Meyer,
Finance Manager Debbie Piper, and Building Official Eddie Edwards.
1. CALL TO ORDER.
Mayor Bradley called the meeting to order at 7:00 p.m.
2. EXECUTIVE SESSION
Mayor Bradley recessed the regular session of the Town of Westlake Board of Aldermen at
7:01 p.m. so that the Board might consider the following in executive session.
A. The Board will conduct a closed session under Texas Government Code section
551.071 to seek advice of counsel on legal matters involving pending or
contemplated litigation, settlement offers, or other legal matters not related directly
to litigation or settlement. Pending or contemplated litigation and settlement offers
include but are not limited to the following:
i. City of Roanoke v. Toirn of ff,'estlake, Cause .N7o. 02-01-00290-Cf7 (Second Court
of,41)peals)
ii. Town of Westlake v. City of Roanoke (Johnny's Autonrotive tract), Cause No.
2003-20243-158 (1581h Judicial District Court of Denton County, Texas)
Town of Westlake Board of Aldermen
Regular Meeting
June 25, 2007
Page 2 of 5
B. The Board will conduct a closed session under Texas Government Code section
551.074 to discuss personnel matters.
C. The Board will conduct a closed session under Texas Government Code section
551.072 to discuss the purchase, exchange, lease, or value of real property.
Mayor Bradley convened the executive session at 7:02 p.m. The executive session
adjourned at 7:18 p.m.
3. RECONVENE MEETING.
The Board reconvened into regular session at 7:19 p.m.
4. EXECUTIVE SESSION ACTION.
There was no action taken.
5. CITIZENS' PRESENTATIONS.
There was no one present wishing to address the Board.
6. CONSIDER AN ORDINANCE CANVASSING THE RETURNS AND DECLARING
THE RESULTS OF THE SECOND ELECTION HELD ON JUNE 16, 2007, FOR
THE ELECTION OF ONE ALDERMAN TO A TERM EXPIRING MAY 2009.
Mayor Bradley introduced the item and asked for a motion.
MOTION: Alderman Timmerman made a motion to adopt Ordinance No. 526,
canvassing the returns and declaring the results of the second election held on
June 16. 2007. for the election of one Alderman to a term expiring May 2009.
Alderman Redding seconded the motion. The motion carried by a vote of 4-
0.
7. ADMINISTER OATH OF OFFICE AND PRESENT CERTIFICATE OF ELECTION
TO THE NEWLY ELECTED OFFICIAL.
Mayor Bradley introduced the item and asked Aderman Corson to come forward to take the
oath of office.
Town Secretary Kim Sutter administered the oath of office and presented the certificate of
election to Alderman Larry Corson.
8. ELECT MAYOR PRO TEM.
Mayor Bradley introduced the item and asked for a motion.
Town of Westlake Board of Aldermen
Regular Meeting
June 25, 2007
Page 3 of 5
MOTION: Alderwoman Gallagher made a motion to table the election of a Mayor Pro
Tem until the full board is present. Alderman Timmerman seconded the
motion. The motion carried by a vote of 4-0.
9. CONSIDER A RESOLUTION APPROVING A CONTRACT WITH MANHATTAN
CONSTRUCTION COMPANY FOR PRF;CONSTRUCTION SERVICES OF THE
WESTLAKE PERFORMING ARTS AND SCIENCE CENTER.
Mayor Bradley introduced the item and asked for a motion.
MOTION: Alderman Timmerman made a motion to approve Resolution No. 07-38,
approving a contract with Manhattan Construction Company for
preconstruction services of the Westlake Performing Arts and Science
Center. Alderwoman Gallagher seconded the motion.
Alderman Redding asked if the progression is to have the Town fund the up front cost with
the assumption that the $2.5 million from a proposed Certificate of Obligation issuance
would be used to repay the fund.
Town Manager Petty replied that the refunding ordinance passed by the Board (Ordinance
No. 515, February 26, 2007) authorized the reimbursement of the cost.
Alderman Corson expressed his concern with regard to the time table for the issuance of the
Certificates of Obligation based on the need to identify a firm construction cost. He further
stated that if the Board does not consider delaying the debt issuance, he feels the Board will
be forced in a position, whether by referendum or by issuance, to make a decision before the
final numbers are available.
Discussion ensued regarding the desire of the Board to consider calling a bond election or to
proceed with the Certificate of Obligation issuance.
Mayor Bradley stated that he supports calling an election and allowing the voters the
opportunity to decide.
Alderman Corson stated that at the time of the election, building costs would be known as
well as the status of fundraising by the Westlake Academy Foundation.
Alderman Redding expressed his desire to receive a break down of the pledges received by
the Foundation in the following categories: 1) how much funding is on hand; 2) the amount
of funding available on demand; 3) amount of funding over time; and 4) in-kind
contributions, as he feels the cash component is significant as it relates to what can be
applied toward a contract.
Alderman Timmerman stated that he does not feel the Board should move forward without
knowing the total cost of the building.
Town of Westlake Board of Aldermen
Regular Meeting
June 25, 2007
Page 4 of 5
Alderman Redding recommended the Board direct the Town Manager to prepare a
resolution to rescind the authorization to issue the Certificates of Obligation.
Town Manager Petty recommended that, if it is the desire of the Board, the Board should
consider a resolution at the next meeting to rescind the first notice of intent.
Alderwoman Gallagher expressed her desire to have the Town send out information to all
residents that would explain the project, the funding source, and the use of the facility in the
event an election is ordered.
Mayor Bradley stated that the Town can provide factual information only and any
informational material will be reviewed by the Town Attorney prior to distribution.
Alderman Corson asked if the contract contained a cancellation clause.
Town Manager Petty responded that Manhattan Construction will only bill for the work
performed.
There being no further discussion, Mayor Bradley called for the vote.
VOTE ON
MOTION: The motion carried by a vote of 4-0.
10. CONSIDER A RESOLUTION APPROVING A CONTRACT WITH GIDEON TOAL
FOR ARCHITECTURAL SERVICES OF THE WESTLAKE PERFORMING ARTS
AND SCIENCE CENTER.
Mayor Bradley introduced the item and asked for a motion.
MOTION: Alderman Redding made a motion to approve Resolution No. 07-39,
approving a contract with Gideon Toal for architectural services of the
Westlake Performing Arts and Science Center. Alderman Corson seconded
the motion.
Alderman Timmerman expressed his desire to contain the cost associated with this project
and requested that a message be conveyed to Mr. Michael Bennett to that regard.
Town Manager Petty advised that value engineering is included as a part of Manhattan
Construction's contract and Manhattan is expected to make recommendations that will
reduce the overall cost of the project.
VOTE ON
MOTION: The motion carried by a vote of 4-0.
Town of Westlake Board of Aldermen
Regular Meeting
June 25, 2007
Page 5 of 5
11. CONSIDER A RESOLUTION APPROVING A CONTRACT WITH C & C
ENGINEERING, INC. FOR PLANS REVIEW AND INSPECTION SERVICES
RELATED TO THE FIDELITY PHASE 2 PROJECT.
Town Manager Petty advised the Board that the proposed contract would result in a
estimated savings of approximately $133,000 over the current contract. Mr. Petty
commended Building Official Eddie Edwards for his efforts in negotiating a reduction in the
fees.
MOTION: Alderman Corson made a motion to approve Resolution No. 07-40,
approving a contract with C & C Engineering, Inc. to provide plans review
and inspection services for the Fidelity Phase 2 Project. Alderman Redding
seconded the motion. The motion carried by a vote of 4-0.
12. CONSENT AGENDA.
Mayor Bradley introduced the item and asked for a motion.
A. Review and approve minutes of the Board of Aldermen meeting and workshop held on
June 11. 2007.
B. Review and approve any outstanding bills.
MOTION: Alderman Redding moved to approve the consent agenda as presented.
Alderman Corson seconded the motion. The motion carried by a vote of 4-0.
13. ADJOURNMENT.
There being no further business, Mayor Bradley adjourned the meeting.
The meeting adjourned at 7:56 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON JULY 9, 2007.
Scott Bradley, ayor
ATTEST,-/ i
im Sutter, fRMC, Town Secretary