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HomeMy WebLinkAbout01-28-08 TC Min39 TOWN OF WESTLAKE, TEXAS MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN PRE-BOARD MEETING January 28, 2008 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding, Pete Steger, and Bob Timmerman. ABSENT: None. STAFF PRESENT: Town Manager Joe Hennig, Town Secretary Kim Sutter, Director of Planning and Development Eddie Edwards, DPS Director Don Wilson, Recreation and Facilities Director Troy Meyer, Finance Director Debbie Piper, and Executive Assistant Ginger Awtry. 1. CALL TO ORDER. Mayor Bradley called the pre-board meeting to order at 5:01 p.m. 3. HEAR AND DISCUSS REPORT FROM GIDEON TOAL REGARDING PROPOSED ARTS AND SCIENCES CENTER BUILDING. Interim Town Manager Hennig presented a brief history and introduced the item. Mr. Hennig advised that recent discussions indicate that the Board desires to take a different direction with regards to the scope of the construction of the facility as it relates to construction costs, and introduced Mr. Michael Bennett of Gideon Toal, Inc. Mayor Bradley asked Mr. Bennett if the entire facility could be built for $5.5 million. Mr. Michael Bennett, Gideon Toal, Inc., responded that he felt that the entire facility could be built for $5.5 million, and explained that it could be accomplished with the use of alternative construction methods and materials. Mr. Bennett advised that the Board will need to make decisions regarding the construction methods and materials. Mayor Pro Tem Redding inquired as to the preferred foundation. 37 Town of Westlake Board of Aldermen Pre-Board Meeting January 28, 2008 page 2 of 6 Mr. Bennett responded that, if money was no object they would prefer to use the method utilized on the existing structure; however, they believe the cart and form foundation is a good fall back alternative and offers the best value for the money long term. Interim Town Manager Hennig inquired if an exposed slab would create any safety issues. Mr. Bennett responded that an exposed slab would create safety issues as the slab must be prepared for water and sewer, and safety rails will also need to be added as a result of the grade differences. Mayor Pro Tem Redding asked if a total sum of the complete project could be provided along with deductive alternatives. Mr. Bennett responded that he would like to start with a plan that outlines the basic elements of the project and also identify `add alternates' that could be included if and when funding is available. Interim Town Manager Hennig stated that aself-imposed deadline of February 15, ?008, has been set to release the Request for Qualifications (RFQ), and contractor selection is slated by mid-March. Mr. Hennig stated that the final cost is not expected until the end of April to mid-May. Mr. Hennig asked Mr. Bennett if the schedule could be met and work can start by mid-June. Mr. Bennett responded that he felt the schedule could be met. Alderman Corson clarified that the Board approved the construction manager at risk process and the timeline identified by the Town Manager is a step toward identifying a contractor that will work through the value engineering so that a reasonably good cost estimate can be provided. Mr. Corson inquired if the $3.5 million quote includes the full furniture, fixtures, and equipment (FF & E) package for the science lab portion of the building, and relocation of the gas lines. Mr. Bennett responded that the quote does include FF & E as well as the relocation of the gas lines. Mr. Bennett added that the lab space would be functional and usable. Interim Town Manager Hennig added that the estimate includes all costs, including soft costs, design costs, and contingencies. Alderman Corson inquired as to the cost difference between a pier and beam foundation and a cart and form foundation. Mr. Bennett responded that he would have to follow-up with the Board with the cost difference between the two types of foundations. Alderman Timmerman asked for a clarification concerning the differences between the cart and form and pier and beam foundations. 35 Town of Westlake Board of Aldermen Pre-Board Meeting January 28, 2008 page 3 of 6 Mr. Bennett responded that the issue is not one of strength or accessibility, but one of movement. Alderman Maynard asked if we are loosing economy of scale if we bring in different contractors to construct the add alternatives. Mr. Bennett responded that it would be a timing issue dependent on whether the contractor is still on the job site. Alderman Maynard inquired as to the construction timeline once ground has been broken as he feels seeing some sort of progress is important to the fundraising campaign. Mr. Bennett replied that once ground has been broken, construction on the building should begin within eight to 12 weeks. Alderman Timmerman asked for clarif cation concerning the add alternates with respect to the contractor who will perform the work. Mr. Bennett explained that the add alternates will be included in the bid documents and can be added to the project as the project moves forward, and would be performed by the same contractor selected during the bid process. Mr. Bennett added that although the same contractor will be used, there is a possibility the contractor will utilize different subcontractors. Mr. Bennett stated that he is seeking clear direction from the Board with regard to the parameters and the costs. Interim Town Manager Hennig advised that the project timeline can be met if the Board is able to provide clear direction to Gideon Toal, Inc. tonight. Mr. Bennett advised the Board that the completed plans will not be available until May 2008. Interim Town Manager Hennig stated that lie feels the Bcard will have more of a level of comfort by mid-February. Mr. Hennig stated that he feels Gideon Toal needs more clarity from the Board with regard to the type of construction. Alderman Corson stated that the construction alternatives and materials still need to be examined. 2. DISCUSS OIL AND GAS WELL DRILLING ORDINANCE. Interim Town Manager Hennig advised that, at the request of the Board staff is reviewing the oil and gas well drilling ordinance. Mr. Hennig stated that an item to amend the current ordinance could be scheduled for consideration by the Planning and Zoning Commission in February and presented to the Board of Aldermen in March. 33 Town of Westlake Board of Aldermen Pre-Board Meeting January 28, 2008 page 4 of 6 Director of Planning and Development Eddie Edwards presented the board with a comparison matrix of the Town's ordinance with neighboring cities. Mr. Edwards advised that he is recommending changes to three (3) areas of the current ordinance: 1) increase in annual permitting and inspection fees: 2) consider requirement of a special use permit (SUP) to allow drilling in other zoning districts; and 3) changes to the setback requirements. Mr. Edwards advised that he would also recommend allowing Board discretion in modifying any requirements on a case by case basis. Mr. Edwards further stated that sound limitations are becoming more common in city ordinances. Aldermen Corson asked if a decibel limitation is recommended. Mr. Edwards responded that he will present recommendations to the Board concerning sound limitations. Aldermen Timmerman asked if the distance requirements would be eliminated if decibel limits are established. Mr. Edwards stated that he would not recommend removing the distant requirements, but would recommend the Board have the authority to modify the distance requirement if the decibel requirement is met. Mayor Bradley recommended the Board also consider the appearance of the drill site and possible mitigation. Discussion ensued with regard to the industry standard for insurance requirements, potential drill sites based on setback requirements of 600 and 1,000 foot distances, and the potential for setting precedence if concessions are made to the distance requirements on a case by case basis, the need for a road repair agreement, and if drilling equipment should be permitted on neighborhood streets. Aldermen Corson and Maynard requested staff prepare a map identifying potential drill sites based on the proposed distances. The following residents addressed the Board with concerns, suggestions, and questions regarding the discussion: - Mr. Allen Heath, 5944 Stagecoach Circle, Westlake, expressed his concern with setting the distance requirements to high as to prohibit drilling in an entire area. Mr. Heath also raised questions regarding the drilling in flood plains as well as inquired if the hours of operation would be restricted. - Mr. Stephen Thornton, 13187 Thornton Drive, Westlake, expressed his support of a 600 foot distance requirement, and the establishment of a decibel level. - Mr. Bill Frey, 5924 Janet Court, Westlake, cautioned the Board against considering an ordinance that is more restrictive than state law, and stated that with the discussion today that he did not feel March was a possibility for adopting a revised ordinance. 31 Town of Westlake Board of Aldermen Pre-Board Meeting January 28, 2008 page 5 of 6 Interim Town Manager Hennig advised the Board that staff will continue to evaluate other cities ordinances and prepare a recommendation for the Board's consideration. Mr. Hennig further advised that based on the today's discussion, he did not feel a draft ordinance will be available for consideration by the Board by March. 4. REVIEW OF REGULAR AGENDA ITEMS. With the consensus of the Board, Mayor Bradley advised that item #4 would be heard prior to item #3 during the regular board meeting. Interim Town Manager Hennig reviewed the agenda. 4. HEAR STATUS REPORT ON CONSTRUCTION OF ARTS AND SCIENCES CENTER BUILDING AND CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO IMPLEMENT ALL STEPS TO COMMENCE CONSTRUCTION OF THE ARTS AND SCIENCES CENTER, WITH THE CONDITIONS ENUMERATED IN THE RESOLUTION. Board discussion ensued regarding the proposed resolution. Following Board discussion, it was the consensus of the Board to make the following changes to the Resolution: - Section 1. Town Manager is authorized, within the guidelines set forth by the Board of Aldermen, with oversight by the building committee to take all steps necessary to commence construction of the Arts and Sciences Center at the earliest feasible time. - Insert a new Section 2 and renumber sections accordingly. New Section 2 to read "The Board of Aldermen accepts the transfer of one half million dollars from TSHA and will accept one half million dollars (as well as future donations received for the purpose) from the Westlake Academy Foundation and hereby dedicates the use of these funds for the Arts and Sciences Center. " Interim Town Manager Hennig recommended the Board consider reappointing the members of the Building Committee. It was the consensus of the Board to have the building committee address the items discussed during the January 28, 2008, pre board meeting as referenced in the minutes (Item #3). 6. CONSIDER AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT BETWEEN THE TOWN AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S STATEMENT OF INTENT TO CHANGE GAS RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION. ~9 Town of Westlake Board of Aldermen Pre-Board Meeting January 28, 2008 page 6 of 6 Interim Town Manager Hennig briefly explained the settlement agreement to the Board. 5. TOWN MANAGER'S REPORT. No report was given. 6. ADJOURNMENT. There being no further business to come before the Board, Mayor Bradley declared the pre- board meeting adjourned at 6:53 p.m. APPROVED BY THE BOARD OF ALDERMEN ON FEBRUARY 11, 2008. ATTEST: i Sutter, TRMC, Town Secretary Cs~~ Scott Bradley, Mayor 27 MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN REGULAR MEETING January 28, 2008 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding, Pete Steger, and Bob Timmerman. ABSENT: None. OTHERS PRESENT: Interim Town Manager Joe Hennig, Town Attorney Stan Lowry, Town Secretary Kim Sutter, DPS Director Don Wilson, Facilities and Recreation Director Troy Meyer, and Finance Director Debbie Piper., Executive Assistant Ginger Awtry, and Westlake Academy Foundation Executive Director Angie Gofredo. 1. CALL TO ORDER. Mayor Bradley called the meeting to order at 7:06 p.m. 2. CITIZENS' PRESENTATIONS. Mrs. Rebecca Rollins, 13239 Roanoke Road, Westlake, addressed the Board on behalf of Jon and Monica Grant, 998 Post Oak Road, Keller. Mrs. Rollins read a letter from Jon and Monica Grant regarding their decision to withdrawal their children from Westlake Academy. Mrs. Rebecca Rollins, 13239 Roanoke Road, Westlake, addressed the Board regarding Westlake Academy and the alleged teaching of two separate Spanish classes concurrently by one teacher. She requested the board investigate the matter and respond, in writing, to her as to how this matter will be resolved. She further requested that the parents of students who are being instructed in this manner be notified. Mr. Steve Jolissaint, 1809 Broken Bend Drive, Westlake, addressed the Board regarding Westlake Academy. He stated that there is currently no mechanism for parents, teachers and students to bring forth issues for resolution. Mr. Jolissaint suggested the Board consider the formation of a task force to poll and survey the older students regarding their experiences, 25 Town of Westlake Board of Aldermen Regular Meeting January 28, 2008 Page 2 of 5 their teachers, the quality of their education and the learning environment, and have the task force report back to the Board no later than March 15, 2008. Mr. David Rollins, 13239 Roanoke Road, Westlake, addressed the Board regarding Westlake Academy and expressed his support of Mr. Jolissaint's request for the Board to consider the formation of a task force as a means to receive feedback from the students regarding their educational experience. Mr. Rollins further expressed his support to have the task force report to the Board no later than March 15, 2008, with their findings. 4. HEAR STATUS REPORT ON CONSTRUCTION OF ARTS AND SCIENCES CENTER BUILDING AND CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO IMPLEMENT ALL STEPS TO COMMENCE CONSTRUCTION OF THE ARTS AND SCIENCES CENTER, WITH THE CONDITIONS ENUMERATED IN THE RESOLUTION. Interim Town Manager Hennig advised that the project remains on target with the schedule presented at the January 14, 2008, Board meeting. Mr. Hennig outlined the schedule to those in attendance. Mayor Bradley read the proposed resolution. MOTION: Alderman Timmerman made a motion to approve Resolution No. 08-04, authorizing the Town Manager to pursue construction of the Arts and Sciences Center building, subject to the conditions enumerated in the Resolution. Alderman Corson seconded the motion. Interim Town Manager Hennig advised that the Board discussed revising Section 1 of the resolution during the Pre-Board meeting to include "within the guidelines set forth by the Board, and with the oversight of the building committee". Alderman Timmerman amended the motion to include the revision to Section 1 as discussed. Alderman Corson seconded the amendment to the motion. Mayor Bradley read the revised Section 1 as outlined below: Section 1. The Town Manager is authorized, within the guidelines set forth by the Board of Aldermen and with the oversight of the building committee, to take all steps necessary to commence construction of the Arts and Sciences Center at the earliest feasible time. Alderman Corson commended Ms. Laura Wheat and Mr. Bill Greenwood for their leadership in bringing forth this compromise. Mayor Pro Tem Redding and Aldermen Timmerman and Maynard expressed their appreciation to the individuals who took the time and initiative to work toward a consensus on this project. 23 Town of Westlake Board of Aldermen Page 3 of 5 Regular Meeting January 28, 2008 VOTE ON MOTION: The motion carried by a vote of 5-0. 3. HEAR A REPORT FROM WESTLAKE ACADEMY FOUNDATION PRESIDENT CHRIS NOONAN. Mr. Chris Noonan, President of the Westlake Academy Foundation, recognized Ms. Laura Wheat, Mr. Bill Greenwood, members of the Board and members of the community for their efforts associated with Resolution 08-04, and expressed his appreciation to the Board for the passage of the Resolution. Mr. Noonan presented a PowerPoint presentation to the Board outlining the top five (5) strategic objectives of the Foundation, the top goals for 2007-2008, and the top 10 initiatives for meeting the goals of the Foundation. 5. CONSIDER A RESOLUTION APPOINTING A MEMBER TO THE WESTLAKE HISTORICAL PRESERVATION SOCIETY BOARD OF DIRECTORS. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Steger made a motion to approve Resolution No. 08-03, appointing Lisa Maynard to serve on the Board of Directors of the Westlake Historical Preservation Society. Alderman Corson seconded the motion. The motion carried by a vote of 5-0. 6. CONSIDER AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT BETWEEN THE TOWN AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S STATEMENT OF INTENT TO CHANGE GAS RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION. Mayor Bradley introduced the item and provided a brief background on the settlement agreement to the audience. MOTION: Mayor Pro Tem Redding made a motion to adopt Ordinance No. 585, approving a settlement agreement between the Town and Atmos Energy Corporation. Alderman Maynard seconded the motion. Mr. James Johnson, Manager of Public Affairs for Atmos Energy, was present and advised the Board that Atmos Energy has endorses the agreement. VOTE ON MOTION: The motion carried by a vote of 5-0. 21 Town of Westlake Board of Aldermen Page 4 of 5 Regular Meeting January 28, 2008 7. CONSENT AGENDA. Mayor Bradley introduced the item and asked for a motion. A. Review and approve minutes of the Board of Aldermen pre-board and regular meetings held on January 14, 2008. B. Review and approve any outstanding bills. MOTION: Alderman Timmerman made a motion to approve the consent agenda as presented. Alderman Steger seconded the motion. Alderman Timmerman stated that April Gallagher was incorrectly listed as being in attendance at January 14, 2008, pre-board meeting. The motion was amended to approve the consent agenda with the correction to the January 14, 2008, pre-board meeting minutes. VOTE ON MOTION: The motion carried by a vote of 5-0. 8. STAFF REPORTS. A. Update from DPS Director Don Wilson regarding the Fire Department and Emergency Management. DPS Director Wilson addressed the Board regarding the status of the rebinding of the public safety radio system, and the Emergency Management program. 9. TOWN MANAGER'S REPORT. Interim Town Manager Hennig addressed the Board regarding the following items: - State-wide warrant roundup: The Town will participate in the state wide warrant roundup on February 1, 2008. - Transfer of Cemetery -All steps have been completed for the transfer of the cemetery. The Town has placed the funds transferred from the I.O.O.F to a restricted account designated for purposes related to the cemetery. 10. MAYOR AND ALDERMEN REPORTS /COMMENTS. Alderman Corson announced that the Town of Trophy Club recently overruled a Planning and Zoning Commission recommendation as it related to the electronic sign for the hotel on SH 114. Mr. Corson referred to an article in The Westlake First News, which indicated an 19 Town of Westlake Board of Aldermen Regular Meeting January 28, 2008 Page 5 of 5 interest by the Town of Trophy Club to communicate regarding development issues along the corridor. Alderman Steger expressed his appreciation to Ms. Laura Wheat for organizing a meeting to discuss the construction of the Arts and Sciences Center building. Ms. Laura Wheat recognized Rick Rennhack for his efforts in organizing the meeting. Mayor Pro Tem Redding recommended the Board consider hearing a presentation regarding the Texas Student Housing Authority and provide an opportunity for questions from the audience. Mayor Bradley responded that the Texas Student Housing Authority Board of Directors will review and consider approval of the audited financials at their January 29, 2008, meeting and a President's report will be scheduled for a future agenda. Alderman Maynard stated that he felt it is imperative that we have a group of students, teachers, and concerned parents to address concerns and issues before students withdrawal from the school, and expressed his support for the formation of a task force to address student and parents concerns. Mayor Bradley advised that a school leadership committee has been formed and will be functioning very soon. 11. ADJOURNMENT. There being no further business, Mayor Bradley adjourned the meeting at 8:17 p.m. APPROVED BY THE BOARD OF ALDERMEN ON FEBRUARY 11, 2008. C,a~L Scott Bradley, Mayor ATTEST• i utter, TRMC, Town Secretary