HomeMy WebLinkAbout06-17-13 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Workshop but not prior to the posted start time.
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our vibrant culture and metropolitan location.
Westlake, Texas – A Premier Knowledge Based Community
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TOWN OF WESTLAKE, TEXAS
Vision Points
Sense of Place; Leadership; Caring Community; Exemplary Governance; and
Service Excellence
TOWN COUNCIL MEETING
AGENDA
June 17, 2013
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
WESTLAKE, TX 76262
COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM
Workshop Session: 5:15 p.m.
Regular Session: 6:30 p.m.
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Workshop Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE JUNE 17, 2013, TOWN
COUNCIL REGULAR MEETING AGENDA. (10 min)
4. DISCUSSION ITEMS
a. Update from Tarrant County Commissioner Gary Fickes. (15 min)
b. Status report and presentation from Texas Student Housing Authority. (15 min)
c. Discussion of the FY 2013-2018 Capital Improvement Plan. (30 min)
d. Discussion of applications for annual board and commission appointments. (30
min)
e. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections. (10 min)
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 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
c. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
6. RECONVENE MEETING
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
8. COUNCIL RECAP / STAFF DIRECTION
9. ADJOURNMENT
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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.
Recognition of former Town Council Member Dr. David Levitan.
Employee Service awards.
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 April 22, 2013, meeting.
b. Consider approval of the minutes from the May 6, 2013, meeting.
c. Consider approval of the minutes from the May 17, 2013, meeting.
d. Consider approval of the minutes from the May 31, 2013, meeting.
e. Consider approval of the minutes from the June 3, 2013, meeting.
f. Consider approval of Ordinance 706, Approving and adopting Rate Schedule
“RRM – Rate Review Mechanism” for Atmos Energy Corporation, Mid-Tex division.
g. Consider approval of Resolution 13-19, Authorizing a destruction of Municipal
and Academy records.
h. Consider approval of Resolution 13-20, Authorizing the Town Manager to
execute a contract with RAMA General Contracting for construction of a 1 MG
Ground Storage Tank.
i. Consider approval of Resolution 13-21, Authorizing the Town Manager to enter
into an agreement with Steel Freeman to complete the Site Utilities and Grading
package for Phase I of the Westlake Academy Expansion project.
j. Consider approval of Resolution 13-22, Appointing and Reappointing Affiliate
Board Members.
4. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 13-23,
REGARDING A PRELIMINARY PLAT FOR THE PROPERTY DESCRIBED AS
BEING THE TRACTS OF LAND TOTALING 84.28 ACRES, GENERALLY LOCATED
AT THE NORTH EAST CORNER OF DAVIS BLVD. AND DOVE ROAD;
COMMONLY KNOW AS THE GRANADA SUBDIVISION PROPERTY ZONED PD1,
PLANNING AREA 3 (PD1-3).
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5. DISCUSSION AND CONSIDERATION OF RESOLUTION 12-24, A RIGHT-OF-WAY
LICENSE AGREEMENT FOR AN ENTRYWAY AT 1755 DOVE ROAD.
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 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
c. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
7. RECONVENE MEETING
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
9. 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.
10. COUNCIL CALENDAR
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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,
June 12, 2013, 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 April 22, 2013, meeting.
b. Consider approval of the minutes from the May 6, 2013, meeting.
c. Consider approval of the minutes from the May 17, 2013, meeting.
d. Consider approval of the minutes from the May 31, 2013, meeting.
e. Consider approval of the minutes from the June 3, 2013, meeting.
f. Consider approval of Ordinance 706, Approving and adopting Rate Schedule “RRM
– Rate Review Mechanism” for Atmos Energy Corporation, Mid-Tex division.
g. Consider approval of Resolution 13-19, Authorizing a destruction of Municipal and
Academy records.
h. Consider approval of Resolution 13-20, Authorizing the Town Manager to execute
a contract with RAMA General Contracting for construction of a 1 MG Ground
Storage Tank.
i. Consider approval of Resolution 13-21, Authorizing the Town Manager to enter
into an agreement with Steel Freeman to complete the Site Utilities and Grading
package for Phase I of the Westlake Academy Expansion project.
j. Consider approval of Resolution 13-22, Appointing and Reappointing Affiliate
Board Members.
Town of Westlake
Item # 3 –
Review of Consent
Agenda Items
DISCUSSION ITEMS
a. Update from Tarrant County Commissioner Gary Fickes. (15 min)
b. Status report and presentation from Texas Student Housing Authority. (15 min)
c. Discussion of the FY 2013-2018 Capital Improvement Plan. (30 min)
d. Discussion of applications for annual board and commission appointments. (30
min)
e. Standing Item: Update and discussion regarding Westlake Academy Phase I
expansion project and enrollment projections. (10 min)
Town of Westlake
Item # 4 –
Discussion Items
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estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Hear a presentation from Commissioner Fickes regarding county related
projects.
STAFF CONTACT: Amanda DeGan, Assistant to the Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: June 17, 2013 June 17, 2013
Funding: Amount - n/a Status- Funded
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance Customer Focus CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
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EXECUTIVE SUMMARY
County Commissioner Gary Fickes represents the Town of Westlake and the greater northeast
Tarrant County. He was first elected to office in 2006 and was recently reelected in 2012. The
last time he was before the Council he discussed the FM 1938 (Davis Blvd.) project. At this
meeting, t he office has asked to appear before the Council to discuss various county related
projects and provide an update on regional developments.
ORGANIZATIONAL HISTORY/RECOMMENDATION
0T
ATTACHMENTS
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Status report and presentation from Texas Student Housing Authority.
STAFF CONTACT: Tom Brymer, Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: June 17, 2013 June 17, 2013
Funding: Amount - $0.00 Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Leadership Customer Focus CF.Promote Best Practice Policy
Governance
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
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 April 25, 2011. This agenda item carries out the Town Council’s Citizen
Advisory Board/Committee/Affiliate Relations and Communications Policy adopted December 8,
2008.
ORGANIZATIONAL HISTORY/RECOMMENDATION
All TC/BOT advisory boards, committees, commissions, and affiliate organizations shall
Meet at least annually with the TC/BOT to:
Report on progress to date in implementing that group’s program of work for the current fiscal
year.
• 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.
• Review fund raising activities underway or planned to support the current or proposed
plan of work.
• 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.
• 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.
ATTACHMENTS
None, a PowerPoint will be presented during meeting.
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estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Discussion of the FY 2013-2018 Capital Improvement Plan
STAFF CONTACT: Jarrod Greenwood, Public Works Director
Debbie Piper, Director of Finance
Decision Points
Start Date Completion Date
Timeframe: June 17, 2013 June 17, 2013
Capital Improvement Plan will be presented for adoption at the regular Town Council meeting in
August, 2013.
Funding: Amount - Status- N/A Source- Capital Projects Fund
Bonded Indebtedness
Contributions
General Fund Transfer
Decision Alignment
VVM Perspective Desired Outcome
Service Excellence Financial
Stewardship
FS.Identify & Allocate Funding
for Maintenance of Public Assets
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
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EXECUTIVE SUMMARY
Staff discussed briefly with the Council at the May, 2013 meeting the proposed FY 2013-2017
Capital Improvement Plan (CIP). Based on feedback from Council, we are presenting a “Draft”
(to be provided under separate cover) for your review and input regarding proposed funded and
unfunded (under consideration) projects.
ORGANIZATIONAL HISTORY/RECOMMENDATION
The current CIP was adopted in April 2012 and funded with Capital Project fund balance
(transfers from General Fund and Property Tax Reduction) as well as bonded indebtedness. The
proposed CIP retains many of the same projects; it also recognizes projects that were not
contemplated or funded at the time. Staff recommends review of all funded projects as well as
future deliberation regarding the prioritization and funding of the unfunded projects. The CIP
will be brought back to the Council for adoption at the August Council meeting.
ATTACHMENTS
Draft FY 2013-2017 CIP – delivered under separate cover
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estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Consideration a Resolution Appointing and Reappointing Affiliate Board
Members.
STAFF CONTACT: Kelly Edwards, Town Secretary
DECISION POINTS
Start Date Completion Date
Timeframe: 06/17/2013 06/17/2013
Funding: Amount - $0.00 Status- Funded Source- N/A
N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Customer Focus CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Members with expiring terms have been contacted by the Town Secretary and asked to respond
as to their desire to continue to serve as a board, commission or committee member. The
resolution indicates the names of the board commission, committee members and their current
status. New applicants will be place on the resolution accordingly following the discussion
during the workshop.
ORGANIZATIONAL HISTORY/RECOMMENDATION
N/A
ATTACHMENTS
Resolution
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estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Consider a Resolution Authorizing the Town Manager to enter into an agreement with Steel &
Freeman to complete the utility and earthwork for Phase I of the Westlake Academy Expansion project;
establishing a guaranteed maximum price (GMP) to complete the site utilities and grading package for all
three buildings: authorizing issuance of a notice to proceed with Phase I construction; approve funding
sources as proposed; and authorize town staff to execute funding changes not to exceed $25,000.00.
STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation
Jarrod Greenwood, Director of Public Works
DECISION POINTS
Start Date Completion Date
Timeframe: June 17, 2013 August 30, 2013
Click here to enter text.
Funding: Amount - $813,690 Status- Funded Source- Bond Issuance
0T
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
3. Policy and Cost
Analysis Drive by
GRowth (Future
Assets)
SA 03.3: WA Campus
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Interviews with the CM at Risk firms began on March 27, 2013 and were completed on April 2,
2013. A team of Town Staff ranked each proposal based on experience in educational projects,
team job experience, delivering the CM at Risk method and current jobs and fees. The staff is
recommending Steele & Freeman as the CM at Risk contractor for the Westlake Academy Phase I
campus expansion. The staff members who completed the interview include: Tom Brymer, Troy J.
Meyer, Jarrod Greenwood, Ben Nibarger, Eddie Edward and Mark Dabney from BB&P.
On April 22, 2013 the Town Council authorized the Town Manager to enter into negotiations with
Steele & Freeman, Inc. for construction manager at-risk services to establish a guaranteed
maximum pr ice for Phase I of the Westlake Academy campus expansion project. To ensure the
project is completed in the fall of 2014 and that the proposed agreement will allow for the site
utilities and grading package to start in July for this project , t he following timeline must be met .
May 30 th - Site utilities and grading package goes out to bid
June 14th - Bid package review by S& F
June 14th- At mos & Tri-County submit location of meters
June 17th - Town Council Approves AIA agreement with S & F
July 1st - Mobilization of contractor
August- Complete site utilities and grading work
August 5th- The full GMP will be present ed to Council
The estimated budget for the site utilities and grading package is $813,690. Final cost and AIA
standard agreements will be present ed on June 17th for Town council approval.
At the August 5th Town Council meeting staff will also present an addendum to this agreement
which will includes the full GMP for the project. Staff continues to work with Atmos Energy and
Tri-Count y to confirm locations and cost of gas lines and transformers for all three buildings
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends Council approval of the agreement with Steel & Freeman for site utilities and
grading package.
ATTACHMENTS
Resolution
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
c. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
Town of Westlake
Item # 5 –
Executive Session
Town of Westlake
Item # 6 – Reconvene
Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
c. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
Town of Westlake
Item # 7 – Take any
Necessary Action, if
necessary
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.
Recognition of former Town Council Member Dr. David Levitan.
Employee Service awards.
Town of Westlake
Item # 2 – Citizen’s
Presentations and
recognitions
a. Consider approval of the minutes from the April 22, 2013, meeting
b. Consider approval of the minutes from the May 6, 2013, meeting.
c. Consider approval of the minutes from the May 17, 2013, meeting.
d. Consider approval of the minutes from the May 31, 2013, meeting.
e. Consider approval of the minutes from the June 3, 2013, meeting.
f. Consider approval of Ordinance 706, Approving and adopting Rate Schedule
“RRM – Rate Review Mechanism” for Atmos Energy Corporation, Mid-Tex division.
g. Consider approval of Resolution 13-19, Authorizing a destruction of Municipal
and Academy records.
h. Consider approval of Resolution 13-20, Authorizing the Town Manager to
execute a contract with RAMA General Contracting for construction of a 1 MG
Ground Storage Tank.
i. Consider approval of Resolution 13-21, Authorizing the Town Manager to enter
into an agreement with Steel Freeman to complete the Site Utilities and Grading
package for Phase I of the Westlake Academy Expansion project.
j. Consider approval of Resolution 13-22, Appointing and Reappointing Affiliate
Board Members.
Town of Westlake
Item # 3 – Consent
items
Town Council Minutes
04/22/13
Page 1 of 8
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
April 22, 2013
PRESENT: Mayor Laura Wheat and Council Members, Clif Cox, Carol Langdon, David Levitan
and Rick Rennhack. Council Member Barrett arrived at 5:10 p.m., and Council
Member Letivan arrived at 5:14 p.m.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, Town Attorney
Cathy Cunningham, Finance Director Debbie Piper, Planning and
Development Director Eddie Edwards, Facilities and Recreation
Director Troy Meyer, Fire Chief Richard Whitten, Director of Public
Works, Jarrod Greenwood, Communications & Community Affairs
Director Ginger Awtry and Special Projects Intern, John Zagurski.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 5:08 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE APRIL 22, 2013, TOWN
COUNCIL REGULAR MEETING AGENDA.
Council Member Rennhack requested that item g of the consent agenda be voted
on separately due to a conflict of interest.
Town Council Minutes
04/22/13
Page 2 of 8
Director Greenwood provided an overview of the City of Roanoke’s street
construction on Main Street and the portion of the street in Westlake.
Director Greenwood also provided an overview of the West Nile agreement with
Tarrant County and additional services that may procured regarding the trapping
and transportation of samples.
4. REPORTS
a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects
for the Quarter ended March 31, 2013.
5. DISCUSSION ITEMS
a. Review and discussion of Westlake Academy Expansion Plans.
Director Meyer provided a presentation and overview of the expansion.
Mr. Mike Freeman, Steele Freeman, introduced his staff which would oversee the
expansion project.
Discussion ensued regarding the assumptions provided for the Granada
subdivision and the use of portable buildings that will be used as flex space
during the project.
b. Discussion regarding the construction manager at-risk services establishing a
guaranteed maximum price for the Phase One of the Westlake Academy campus
expansion project.
Mr. Mike Freeman, Steele and Freeman, provided an overview the construction
manager at-risk process.
c. Discussion of Emergency Preparedness; SA 12.2 Review Town and Academy
SOPs and emergency plans to maintain readiness.
Chief Whitten provided a presentation and overview regarding the process to
implement emergency plans.
d. Discussion regarding the proposed zoning and Land Use plan am endments.
Town Manager Brymer provided an overview of the proposed ordinance and
recommendations made by the Planning and Zoning Commission.
Town Council Minutes
04/22/13
Page 3 of 8
Town Attorney Cunningham recommended using the State Property Code
definition to define condominium.
Discussion ensued regarding the minimum landscaping requirements, materials
used for signature bridges, the Special Use Permit, Article II, Section 3 regarding
the residential to non-residential development ratios, theaters, amphitheater,
performing theaters, the use of a Special Event permit, conditional use permits,
the amount of seating for an amphitheater, and the development in the Town of
Flower Mound.
Mayor Wheat asked to break from the workshop to read a proclamation recognizing
Chief Whitten for his heroic efforts saving Mr. Tom Kolter’s life.
6. EXECUTIVE SESSION
The Council convened into executive session at 7:27 p.m.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
7. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 8:42 p.m.
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
Council did not take any action.
9. COUNCIL RECAP / STAFF DIRECTION
Council did not provide additional direction.
10. ADJOURNMENT
Mayor Wheat adjourned the workshop at 8:43 p.m.
Town Council Minutes
04/22/13
Page 4 of 8
Regular Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 8:43 p.m.
2. CITIZEN PRESENTATIONS AND RECOGNITIONS
Mayor Wheat stated that item 2 would be conducted after the public hearings for items 4
and 5 of the agenda.
Mayor Wheat read the proclamation regarding Public Service week.
3. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on March 25, 2013.
b. Consider approval of the minutes from the meeting held on April 2, 2013.
c. Consider approval of Resolution 13-11, Approving a Contract with Tarrant
County for Election Services.
d. Consider approval of Resolution 13-12, Entering into an Interlocal agreement to
participate in Tarrant County’s West Nile Virus surveillance and response program.
e. Consider approval of Resolution 13-13, Approve an Interlocal Agreement with
Roanoke for the reconstruction of Main within the Town of Westlake town limits.
f. Consider approval Resolution 13-14, Authorizing Staff to enter into
negotiations with Steele & Freeman, Inc. for construction manager at-risk
services establishing a Guaranteed Maximum Price for the Phase I of the
Westlake Academy campus expansion project.
g. Consider approval of Resolution 13-15, Awarding a bid to Humphrey &
Associates for the installation of the underground power utilities to the
temporary classroom buildings.
h. Consider approval of Resolution 13-16, Authorizing the Town Manager to reject
the bid from Mobile Modular for the purchase of three (3) temporary classroom
buildings.
MOTION: Council Member Langdon made a motion to approve items a-f and
item h of the consent agenda. Council Member Barrett seconded
the motion. The motion carried by a vote of 5-0.
MOTION: Council Member Langdon made a motion to approve item g of the
consent agenda. Council Member Barrett seconded the motion.
The motion carried by a vote of 4-0-1. Council Member Rennhack
abstained.
Town Council Minutes
04/22/13
Page 5 of 8
4. PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 702, AMENDING
THE COMPREHENSIVE PLAN “LAND USE MAP” SPECIFICALLY, CHANGING THE
PLANNED USE OF THE PROPERTY LOCATE IN THE PD1-2 ZONING DISTRICT
FROM OFFICE AND RETAIL USES TO MIXED-USE.
Mayor Wheat opened the Public Hearing for items 4 and 5 of the agenda.
Director Edwards provided a presentation and overview of the proposed zoning change.
Stef Mauler, 1855 Broken Bend Drive, spoke in opposition of the proposed zoning change.
She is concerned that this was being pushed through without residents input. She stated
that she and other residents feel disenfranchised from the process and encouraged the
Council to wait until after the election to make a decision.
Scott Bradley, 1 Paigebrooke, spoke in opposition of the proposed zoning change. He
read a prepared statement regarding the history of residential developments and
amenities that were provided to the Town at no cost.
Neal McNabnay, 1815 Broken Bend Drive, spoke in opposition of the proposed zoning
change. He believes that the development should have an additional study completed
regarding the residential component which would show the impact to residents’
properties. He mentioned his concerns regarding the size of the amphitheater as
discussed during the workshop session.
Michael Crowe, 1604 Creekwood Court, spoke in opposition of the proposed zoning
change. He stated his concerns regarding the questions that were asked today and the
lack of clarity of the recommendations made by the Planning and Zoning Commission. He
asked that the Council spend additional time to answer those questions before making a
decision.
Allan Werst, 4035 Aspen Lane, expressed his concerns regarding the zoning change as
this change will forever change the Town of Westlake. He believes that by removing the
residential component and more residents would support the change.
MOTION: Council Member Langdon made a motion close the public hearing.
Council Member Cox seconded the motion. The motion carried by a
vote of 5-0.
MOTION: Council Member Cox made a motion to approve Ordinance 702.
Council Member Barrett seconded the motion. The motion carried
by a vote of 5-0.
Town Council Minutes
04/22/13
Page 6 of 8
5. PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 703, AMENDING
THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING
DISTRICT 1-2 (PD1-2) INCLUDING DEVELOPMENT GUIDELINES, DESIGN
STANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT
STANDARDS, SIGNAGE STANDARDS, AND THE CONCEPT PLAN FOR PD1-2 TO
ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85 ACRE
(APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS
BLVD) AND SOLANA BOULEVARD.
MOTION: Council Member Cox made a motion to approve Ordinance 703
with the following exceptions:
Change 1
Adding language to Section 3.1.2 to read as follows: Second year of active development
shall not exceed an additional sixty (60) units. Third year of active development shall not
exceed an additional eighty (80) residential units. Year four of active development and
subsequent will be based upon the 1500:1 ratio.
Change 2
Revise the condominium definition to the State property code. “Condominium means a
form of real property ownership that combines separate ownership of individual
apartments or units with common ownership of other elements.”
Change 3
Remove Coliseum from the use table.
Change 4
Amphitheater change to 3000 seats (subject to special events ordinance requirements for
major events).
Change 5
Remove County Club from the use table.
Change 6
Exhibit 6 slide should read 1,800 square feet.
Change 7
Remove the duplicate use of “Boat Slip”.
Change 8
Adding a theater greater than 6 screens requiring an SUP
Council Member Langdon seconded the motion.
Town Council Minutes
04/22/13
Page 7 of 8
Council Member Rennhack added that the Multi-purpose Event Center use would
require an SUP. Council Member Cox and Langdon accepted the addition to the
motion. The motion carried by a vote of 5-0.
6. EXECUTIVE SESSION
The Council convened into executive session at 9:23 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 N egotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
7. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 10:00 p.m.
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
MOTION: Council Member Barrett made a motion to approve Resolution 13-
17, revising the agreement to require $10,000 per residential unit.
Council Member Rennhack seconded the motion. The motion
carried by a vote of 5-0.
9. FUTURE AGENDA ITEMS
None
10. STRATEGIC ISSUES CALENDAR
11. COUNCIL CALENDAR
Town Council Minutes
04/22/13
Page 8 of 8
12. 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 5-0.
Mayor Wheat adjourned the meeting at 10:04 p.m.
APPROVED BY THE TOWN COUNCIL ON MAY 20, 2013.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
05/06/13
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
SPECIAL TOWN COUNCIL MEETING
May 6, 2013
PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Clif Cox, Carol
Langdon, David Levitan and Rick Rennhack.
ABSENT:
OTHERS PRESENT: Assistant to the Town Manager Amanda DeGan, Town Secretary
Kelly Edwards, , Finance Director Debbie Piper, Planning and
Development Director Eddie Edwards, Facilities and Recreation
Director Troy Meyer, Communications & Community Affairs
Director Ginger Awtry and IT Director Jason Power.
Special Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 7:25 p.m.
2. DISCUSSION AND CONSIDERATION OF RESOLUTION 13-18, AWARDING THE
BID TO MOBILE MODULAR FOR THE PURCHASE AND DELIVERY OF THREE (3)
TEMPORARY CLASSROOM BUILDINGS FOR THE WESTLAKE ACADEMY CAMPUS.
MOTION: Council Member Rennhack made a motion to approve Resolution
13-18. Council Member Levitan seconded the motion. The
motion carried by a vote of 5-03
Town Council Minutes
05/06/13
Page 2 of 2
3. 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 Levitan seconded the motion. The motion carried
by a vote of 5-0.
Mayor Wheat adjourned the meeting at 7:38 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 13, 2013.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
05/17/13
Page 1 of 3
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
SPECIAL TOWN COUNCIL MEETING
May 17, 2013
PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Clif Cox, Carol
Langdon.
ABSENT: David Levitan and Rick Rennhack
OTHERS PRESENT: Town Manager Tom Brymer, Assistant to the Town Manager
Amanda DeGan, Town Secretary Kelly Edwards, Finance Director
Debbie Piper, Director of HR & Administrative Services Todd
Wood, Facilities and Recreation Director Troy Meyer,
Communications & Community Affairs Director Ginger Awtry,
Management Analyst Alora Wacholz and Special Projects Intern
John Zagurski.
Special Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 12:13 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. CITIZEN PRESENTATIONS
No one addressed the Council.
Town Council Minutes
05/17 /13
Page 2 of 3
4. DISCUSSION AND CONSIDERATION OF ORDINANCE 704, CANVASSING THE
RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON
MAY 11, 2013, FOR THE ELECTION THREE (3) COUNCIL MEMBERS TO TERMS
EXPIRING MAY 2015.
MOTION: Council Member Cox made a motion to approve Ordinance 704.
Council Member Barrett seconded the motion. The motion carried
by a vote of 3-0.
5. DISCUSSION AND CONSIDERATION OF ORDINANCE 705, CANVASSING THE
RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON
MAY 11, 2013, FOR THE ELECTION A COUNCIL MEMBER FOR A TERM EXPIRING
MAY 2014.
MOTION: Council Member Langdon made a motion to approve Ordinance
705. Council Member Barrett seconded the motion. The motion
carried by a vote of 3-0.
6. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS.
Mayor Wheat administrated the Oath of Office to Council Members Barrett and Langdon.
7. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE.
MOTION: Council Member Cox made a motion to elect Council Member
Langdon as Mayor Pro Tempore. Council Member Barrett
seconded the motion. The motion carried by a vote of 3-0.
8. COUNCIL CALENDAR
Town Manager Brymer provided and overview of the upcoming events listed on the
calendar.
Town Council Minutes
05/17 /13
Page 3 of 3
9. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Langdon 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 12:22 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 17, 2013.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
05/31/13
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL WORKSHOP
May 31, 2013
PRESENT: Mayor Laura Wheat, Council Members Michael Barrett, Clif Cox, Carol Langdon,
Wayne Stoltenberg and Rick Rennhack.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, Finance Director
Debbie Piper, WA Administrative Coordinator Ben Nibarger,
Facilities and Recreation Director Troy Meyer, Director of Public
Works, Jarrod Greenwood, Communications & Community Affairs
Director Ginger Awtry, Director of Planning and Development
Eddie Edwards, Director of Human Resources and Administrative
Services, Todd Wood, Management Analyst Alora Wachholz,
Special Projects Inter John Zagurski, Chris Groom, Ryan Carr,
Lindsey Lee, Jaymi Ford, Trish Landers, Sharon Wilson, and Troy
Crow, Kerry Rozes.
Workshop Session
1. CALL TO ORDER
Mayor Laura Wheat called the workshop to order at 1:21 p.m.
2. DISCUSSION ITEMS
Assistant to the Town Manager DeGan introduced Ms. Gail Perry from the Balanced
Scorecard Institute. Ms. Perry provided an overview of the Balanced Score Card approach
to Strategic Planning.
Town Council Minutes
05/31/13
Page 2 of 2
a. Balanced Score Card approach to Strategic Planning.
i. Mission, Vision and Values discussions
Discussion points
• Review Staff SWOT analysis of Westlake Customer and Stakeholder needs
(Enablers & Challenges)
• The Board and Staff discussed the Internal and External enablers and challenges
• Adding additional language to the vision and mission statements to use as we
evolve our current Vision and Mission statements
• Review of the customer value propositions
• Strategic thinking and discovery
• Westlake Strategic Themes and Results
b. Governance direction and planning for the future presentation by Ron Cox.
Mr. Ron Cox provided an overview of the governance, leadership, as Council Member
and what determines good governance processes.
3. COUNCIL RECAP / STAFF DIRECTION
4. ADJOURNMENT
Mayor Wheat adjourned the workshop at 8:10 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 17, 2013.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
06/03/13
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
SPECIAL TOWN COUNCIL MEETING
June 3 , 2013
PRESENT: Mayor Pro Tem pore Carol Langdon and Council Members, Clif Cox, and Rick
Rennhack.
ABSENT: Mayor Laura Wheat, Council Members Michael Barrett and Wayne Stoltenberg
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, Town Attorney
Cathy Cunningham, Finance Director Debbie Piper, WA
Administrative Coordinator Ben Nibarger, Primary Principal Rod
Harding, Secondary Principal Clint Calzini, Facilities and Recreation
Director Troy Meyer, Director of Public Works, Jarrod Greenwood,
Communications & Community Affairs Director Ginger Awtry and
Management Analysts Alora Wachholz.
Special Session
1. CALL TO ORDER
Mayor Pro Tempore Langdon called the meeting to order at 7:35 p.m.
2. DISCUSSION AND CONSIDERATION REGARDING THE FUNDING OF A
POSSIBLE REVISION TO THE MULTIPURPOSE BUILDING IN PHASE I OF
THE WESTLAKE ACADEMY EXPANSION PROJECT.
Facilities and Recreation Director Meyer provided a presentation and timeline for the
construction project. Director Meyer then provided possible options to the Multi-purpose
Hall.
Discussion ensued regarding the options as presented, sporting events, theater
performances, the Capital Improvement Five year forecast and funding options.
Town Council Minutes
06/03/13
Page 2 of 2
Staff provided an overview of the Capital Improvement Five year projections regarding
funded and unfunded items.
MOTION: Council Member Cox made a motion to not make any revisions to
Phase I of the Westlake Academy construction expansion. Council
Member Rennhack seconded the motion. The motion carried by a
vote of 2-1. Council Member Langdon opposed.
3. ADJOURNMENT
There being no further business before the Council, Mayor Pro Tempore Langdon asked
for a motion to adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Langdon seconded the motion. The motion
carried by a vote of 3-0.
Mayor Wheat adjourned the meeting at 8:52 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 17, 2013.
ATTEST: _____________________________
Carol Langdon, Mayor Pro Tempore
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Consideration of an Ordinance Approving and Adopting Rate Schedule “RRM-
Rate Review Mechanism” for Atmos Energy Corporation, Mid-Tex Division.
STAFF CONTACT: Tom Brymer, Town Manager
DECISION POINTS
Start Date Completion Date
Timeframe: June 17, 2013 June 17, 2013
Funding: Amount - N/A Status- N/A Source- N/A
Decision Alignment
VVM Perspective Desired Outcome
Service Excellence Customer Focus CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
Page 2 of 2
ORGANIZATIONAL HISTORY/RECOMMENDATION
Most municipalities have retained original jurisdiction over gas utility rates and services within
their corporate limits. The Atmos Cities Steering Committee ("ACSC") is composed of
municipalities, including Westlake, in the service area of Atmos Energy Corporation, Mid-Tex
Division regardless of whether original jurisdiction has been retained. Atmos is a monopoly
public utility provider of natural gas. Because Atmos has no competitors, regulation of the rates
it charges its customers in the only way that cities can insure that natural gas rates are equitable
and competitive. Working as a coalition, via the Atmos Cities Stearing Committee, to review the
rates charged by Atmos allows cities to accomplish more collectively than each city could do
acting alone. Cities have more than 100 years’ experience in regulating natural gas rates in
Texas. See attached Staff Report for background on this particular Atmos rate case. Staff
recommends approval of this ordinance establishing this “RRM Rate” mechanism.
ATTACHMENTS
1. Staff Report 2. ) Comparison of RRM to GRIP Rate Methodology 3.) Ordinance
Adopting RRM Tariff 4.) Attachment “A” to Ordinance- RRM Rate Schedule
1
3562173.1
MODEL STAFF REPORT
The City, along with 154 other cities served by Atmos Energy Corporation, Mid-Tex
Division (“Atmos Mid -Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC” or “Steering Committee”). In 2007, ACSC and Atmos Mid -Tex agreed to
implement an annual rate review mechanism for Atmos Mid -Tex, known as the Rate Review
Mechanism (“RRM”), as a temporary replacement for the statutory mechanism known as GRIP
(the “Gas Reliability Infrastructure Program”). This first RRM tar iff expired in 2011, and
although ACSC and Atmos Mid-Tex met many times to attempt to reach an agreement on a
renewed or replacement tariff, they were unable to do so . Atmos Mid -Tex filed a full rate case in
2012. The resulting rates were approved by the Railroad Commission in December 2012 in
G.U.D. No. 10170.
ACSC and the Company renewed discussions to develop revisions to the RRM tariff, and
have reached a tentative agreement on the form of the RRM tariff to be in effect for a four -year
period from 2013 to 2017. If the RRM process is to continue to function as a substitute for the
GRIP process, cities that exercise original jurisdiction must adopt a tariff that authorizes the
process. For the reasons outlined below, t he ACSC Executive Committee and ACSC legal
counsel recommend approval of the new RRM tariff by all ACSC member cities .
RRM Background:
The RRM tariff was originally approved by ACSC member cities as part of the settlement
agreement resolving the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad
Commission. The RRM process was created collaboratively by ACSC and Atmos Mid-Tex as
an alternative to the legislatively-authorized GRIP rate adjustment process. GRIP, like the RRM,
is a form of expedited rate relief for gas utilities that avoids the long and costly process of a full
rate filing. However, ACSC strongly opposes the GRIP process because it constitutes piecemeal
ratemaking, does not allow any review by cities of the reasonableness of capital expenditures,
and does not allow participation by cities in the Railroad Commission’s review of the annual
GRIP filings, or recovery by cities of their rate case expenses. The Railroad Commission
undertakes only an administrative review of GRIP filings (instead of a full hearing) and the rate
increases go into effect without any material adjustments. In ACSC’s view, the GRIP process
unfairly raises customers’ rates without any real regulatory oversight. In contrast, t he RRM
process has allowed for a more comprehensive rate review and annual adjustment as a substitute
for GRIP filings.
Purpose of the Ordinance:
The purpose of the Ordinance is to approve the RRM tariff (“Attachment A”) that reflects
the negotiated RRM process. For the RRM process to continue, cities exercising original
jurisdiction must approve a tariff that authorizes the process.
2
3562173.1
Reasons Justifying Approval of the Negotiated RRM Tariff:
In the opinion of ACSC’s Executive Committee, the RRM process is a better deal for
customers than the GRIP process. Atmos Mid -Tex has stated if it were to file for a rate
adjustment in 2013 under the GRIP provisions, it would request approximately $5 million more
in rate relief than it plans to request in a filing under this revised RRM tariff. ACSC assumes
that is because the GRIP process only evaluates changes to capital investment. The RRM
process looks at revenues (that may be increasing) and expenses (that may be declining), as well
as capital investment.
Additionally, the statute authorizing the GRIP rate adjustment process allows the
Company to place the entirety of any rate increase in the unavoidable monthly customer charge
portion of its rates. If the Company were to file for an increase under the GRIP provisions, the
entire amount of the increase would be collected through the fixed portion of the bill, rather than
the volumetric charge that varies by a customer’s usage. Between 2007 and 2012, ACSC was
able to negotiate rate design results that constrained residential customer charges to the $7.00 to
$7.50 range. However, the Railroad Commission has recently raised the residential customer
charge to $17.70.
The Company has agreed that for the first filing under the revised RRM tariff, there will
be no increase to the residential customer charge. Thus, some of the primary benefits of the
attached RRM tariff are that it moderates the impact of rate adjustments on residential customers
by not changing the residential customer charge for the first RRM period. In subsequent years
only 40% of the proposed increase in revenues t o the residential class will be recovered through
the fixed customer charge, and in no event will the residential customer charge increase by more
than $.50 per month. No such constraints exist under the GRIP process.
Additionally, the attached RRM tariff provides a discount as an incentive for cities
permitting the Company annual rate relief. The RRM tariff includes an adjustment amount that
is a reduction to the Company’s requested increase. The adjustment lowers the Company’s rate
request by at least $3 million each year. Additional reductions will also be made each year
depending on the size of the Company’s requested increase. The attached RRM tariff also caps
at 55% the percentage of equity that can be used to calculate the Company’s capital structure.
Railroad Commission policy allows rates to be based on a parent company’s actual capital
structure, which for Atmos could mean increases in equity above the most recent level of 52%.
Under the RRM tariff, c ities are also able to review the Company’s annual expenses and
capital investments and make adjustments, or disallowances, for any such expenses or
investments that are considered to be unreasonable or unnecessary. The cities’ costs in
reviewing the annual filings, such as fees associated with the hiring of expert consultants and
legal counsel, will be reimbursed by the Company on a monthly basis.
If cities do not approve the RRM tariff, the Company has stated that it will reinstitute its
annual filings under the GRIP provisions. The anticipated GRIP adjustment for 2013 would be
approximately $5 million higher than the Company anticipates requesting through an RRM
filing. Additionally, GRIP rate adjustment s would place the entire amount of the Company’s
3
3562173.1
requested increase into the customer charge. The ACSC Executive Committee recommends that
ACSC city members take action to approve the Ordinance authorizing the RRM tariff.
Explanation of “Be It Ordained” Paragraphs:
1. This section approves all findings in the Ordinance.
2. This section ado pts the attached RRM Tariff (“Attachment A”) and finds the
adoption of the tariff to be just, reasonable, and in the public interest. Note that only the new
tariff being revised is attached to the Ordinance. The initial RRM Tariff has expired by it s own
terms, and other existing tariffs not being changed in any way are not attached to the Ordinance.
3. This section repeals any resolution or ordinance that is inconsistent with this
Ordinance.
4. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
5. This section is a savings clause, which provides that if any section is later found
to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining
provisions of this Ordinance. This section further directs that the remaining provisions of the
Ordinance are to be interpreted as if the offending section or clause never existed.
6. This section provides for an effective date upon passage.
7. This section paragraph directs that a copy of the signed Ordinance be sent to a
representative of the Company and legal counsel for ACSC.
3561909.1
The New RRM: How Does It Stack Up?
RRM (2007-2011) GRIP
• Negotiated limits to the amount of increase included in
customer charge.
• All increase included in customer charge.
• Less money requested from ratepayers, because it considers
the Company’s entire cost of providing service, including
declining expenses.
• More costly to ratepayers, because it does not consider the
Company’s entire cost of providing service, including
declining expenses.
• Cities can review reasonableness of expenses and negotiate
disallowances .
• Cities have no input as to reasonableness or recovery of
expenses.
• Reimbursement of Cities’ rate case expenses. • No reimbursement of Cities’ rate case expenses.
• Cities can order reductions to requested increase. • No reduction in requested increase.
• Better working relationship between Cities and Company. • Poorer working relationship between Cities and Company.
New RRM Tariff
• Includes limits on percentage of increase to be included in
monthly customer charge.
• Shorter turn-around on discovery.
• Technical conference to expedite receipt of information
from Company.
• No post-test year adjustments.
• Time limit for O&M known and measurable adjustments.
• Reduction in requested increase of at least $3 million each
year.
• Tracks the methodologies approved by the Railroad
Commission in the most recent Mid-Tex rate case.
Ordinance 706
Page 1 of 3
ORDINANCE NO. 706
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
(“TOWN”) APPROVING AND ADOPTING RATE SCHEDULE “RRM – RATE
REVIEW MECHANISM” FOR ATMOS ENERGY CORPORATION, MID-TEX
DIVISION TO BE IN FORCE IN THE TOWN FOR A PERIOD OF TIME AS
SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE;
DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH
THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN
EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE
COMPANY AND ACSC LEGAL COUNSEL.
WHEREAS, the Town of Westlake, Texas (“Town”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid -Tex” or “the Company”), and a regulatory
authority with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”),
a coalition of cities, most of whom retain original jurisdiction over the rates and services of
Atmos Mid -Tex; and
WHEREAS, in 2007 ACSC member cities and Atmos Mid-Tex collaboratively
developed the Rate Review Mechanism (“RRM”) Tariff that allows for an expedited rate review
process controlled by cities as a substitute for the legislatively-constructed Gas Reliability
Infrastructure Program (“GRIP”); and
WHEREAS, the GRIP mechanism does not permit the Town to review rate increases,
and constitutes piecemeal ratemaking; and
WHEREAS, the RRM process permits Town review of requested rate increases and
provides for a holistic review of the true cost of service for Atmos Mid-Tex; and
WHEREAS, the initial RRM tariff expired in 2011; and
WHEREAS, ACSC ’s representatives have worked with Atmos Mid-Tex to negotiat e a
renewal of the RRM process that avoids litigation and Railroad Commission filings ; and
WHEREAS, the ACSC’s Executive Committee and ACSC’s legal counsel recommend
ACSC members approve the negotiated new RRM tariff; and
WHEREAS, the attached Rate Schedule “RRM – Rate Review Mechanism” (“RRM
Tariff”) provides for a reasonable expedited rate review process that is a substitute for, and is
superior to, the statutory GRIP process; and
Ordinance 706
Page 2 of 3
WHEREAS, the expedited rate review process as provided by the RRM Tariff avoids
piecemeal ratemaking; and
WHEREAS, the RRM tariff reflects the ratemaking standards and methodologies
authorized by the Railroad Commission in the most recent Atmos Mid-Tex rate case, G.U.D. No.
10170; and
WHEREAS, the RRM Tariff provides for an annual reduction in Atmos Mid-Tex’s
requested rate increase of at least $3 million; and
WHEREAS, the RRM Tariff provides for a lower customer charge than if Atmos Mid-
Tex pursued GRIP filings; and
WHEREAS, the attached RRM Tariff as a whole is in the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWNE COUNCIL OF
THEM, TOWN OF WESTLAKE, TEXAS:
Section 1: That the findings set forth in this Ordinance are hereby in all things approved.
Section 2: That the Town Council finds that the RRM Tariff, which is attached hereto
and incorporated herein as Attachment A, is reasonable and in the public interest , and is hereby
in force and effect in the Town.
Section 3: That to the extent any resolution or ordinance previously adopted by the
Town Council is inconsistent with this Ordinance, it is hereby repealed.
Section 4: That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 5: That if any one or more sections or clauses of this Ordinance is judged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 6: That this Ordinance shall become effective from and after its passage.
Ordinance 706
Page 3 of 3
Section 7: That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of
Christopher Felan, Vice President of Rates and Regulatory Affairs for Atmos Mid-Tex Division,
Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240, and to
Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816
Congress Avenue, Suite 1900, Austin, Texas 78701.
PASSED AND APPROVED ON THIS 17th DAY OF JUNE 2013.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 1 OF 6
I. Applicability
Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in
the Mid-Tex Division of Atmos Energy Corporation (“Company”) except such customers
within the City of Dallas. This Rate Review Mechanism (“RRM”) provides for an annual
adjustment to the Company’s Rate Schedules R, C, I and T (“Applicable Rate
Schedules”). Rate calculations and adjustments required by this tariff shall be
determined on a System-W ide cost basis.
II. Definitions
“Test Period” is defined as the twelve months ending December 31 of each preceding
calendar year.
The “Effective Date” is the date that adjustments required by this tariff are applied to
customer bills. The annual Effective Date is June 1. The 2013 filing Effective Date is
October 15, 2013.
Unless otherwise noted in this tariff, the term “Final Order ” refers the final order issued
by the Railroad Commission of Texas in GUD 10170.
The term “System-W ide” means all incorporated and unincorporated areas served by
the Company.
“Review Period” is defined as the period from the Filing Date until the Effective Date.
The “Filing Date” is as early as practicable but no later than March 1 of each year with
the exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual
Effective Date is June 1, 2017.
III. Calculation
The RRM shall calculate an annual, System-Wide cost of service (“COS”) that will be
used to adjust applicable rate schedules prospectively as of the Effective Date. The
annual cost of service will be calculated according to the following formula:
COS = OM + DEP + RI + TAX + CD - ADJ
Where:
OM = all reasonable and necessary operation and maintenance expenses from the
Test Period adjusted for known and measurable items and prepared
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 2 OF 6
consistent with the rate making treatments approved in the Final Order.
Known and measurable adjustments shall be limited to those changes that
have occurred prior to the Filing Date. OM may be adjusted for atypical and
non-recurring items. Shared Services allocation factors shall be recalculated
each year based on the latest component factors used during the Test
Period, but the methodology used will be that approved in the Final Order.
DEP = depreciation expense calculated at depreciation rates approved by the Final
Order.
RI = return on investment calculated as the Company's pretax return multiplied by
rate base at Test Period end. Rate base is prepared consistent with the rate
making treatments approved in the Final Order, except that no post Test
Period adjustments will be permitted. Pretax return is the Company's
weighted average cost of capital before income taxes. The Company's
weighted average cost of capital is calculated using the methodology from the
Final Order including the Company's actual capital structure and long term
cost of debt as of the Test Period end (adjusted for any known and
measurable changes) and the return on equity from the Final Order.
However, in no event will the percentage of equity exceed 55%. Regulatory
adjustments due to prior regulatory rate base adjustment disallowances will
be maintained. Cash working capital will be calculated using the lead/lag
days approved in the Final Order. With respect to pension and other
postemployment benefits, the Company will record a regulatory asset or
liability for these costs until the amounts are included in the next annual rate
adjustment implemented under this tariff. Each year, the Company’s filing
under this Rider RRM will clearly state the level of pension and other
postemployment benefits recovered in rates.
TAX = income tax and taxes other than income tax from the Test Period adjusted for
known and measurable changes occurring after the Test Period and before
the Filing Date, and prepared consistent with the rate making treatments
approved in the Final Order.
CD = interest on customer deposits.
ADJ = Downward adjustment to the overall, System-Wide test year cost of service in
the amount of $3,000,000.00, adjusted by a percentage equal to the total
percentage increase in base-rate revenue sought pursuant to this tariff.
IV. Annual Rate Adjustment
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 3 OF 6
The Company shall provide schedules and work papers supporting the Filing’s revenue
deficiency/sufficiency calculations using the methodology accepted in the Final Order.
The result shall be reflected in the proposed new rates to be established for the
effective period. The Revenue Requirement will be apportioned to customer classes in
the same manner that Company’s Revenue Requirement was apportioned in the Final
Order. For the Residential Class, 40% of the increase may be recovered in the
customer charge. The increase to the Residential customer charge shall not exceed
$0.50 per month in any given year. The remainder of the Residential Class increase not
collected in the customer charge will be recovered in the usage charge. The Company
will forgo any change in the Residential customer charge with the first proposed rate
adjustment pursuant to this tariff. For all other classes, the change in rates will be
apportioned between the customer charge and the usage charge, consistent with the
Final Order. Test Period billing determinants shall be adjusted and normalized
according to the methodology utilized in the Final Order.
V. Filing
The Company shall file schedules annually with the regulatory authority having original
jurisdiction over the Company's rates on or before the Filing Date that support the
proposed rate adjustments. The schedules shall be in the same general format as the
cost of service model and relied-upon files upon which the Final Order was based. A
proof of rates and a copy of current and proposed tariffs shall also be included with the
filing. The filing shall be made in electronic form where practical. The Company’s filing
shall conform to Minimum Filing Requirements (to be agreed upon by the parties),
which will contain a minimum amount of information that will assist the regulatory
authority in its review and analysis of the filing. The Company and regulatory authority
will endeavor to hold a technical conference regarding the filing within ten (10) calendar
days after the Filing Date.
The 2013 Filing Date will be July 15, 2013.
A sworn statement shall be filed by an Officer of the Company affirming that the filed
schedules are in compliance with the provisions of this Rate Review Mechanism and
are true and correct to the best of his/her knowledge, information, and belief. No
testimony shall be filed, but a brief narrative explanation shall be provided of any
changes to corporate structure, accounting methodologies, allocation of common costs,
or atypical or non- recurring items included in the filing.
VI. Evaluation Procedures
The regulatory authority having original jurisdiction over the Company's rates shall
review and render a decision on the Company's proposed rate adjustment prior to the
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 4 OF 6
Effective Date. The Company shall provide all supplemental information requested to
ensure an opportunity for adequate review by the relevant regulatory authority. The
Company shall not unilaterally impose any limits upon the provision of supplemental
information and such information shall be provided within seven (7) working days of the
original request. The regulatory authority may propose any adjustments it determines to
be required to bring the proposed rate adjustment into compliance with the provisions of
this tariff.
The regulatory authority may disallow any net plant investment that is not shown to be
prudently incurred. Approval by the regulatory authority of net plant investment pursuant
to the provisions of this tariff shall constitute a finding that such net plant investment
was prudently incurred. Such finding of prudence shall not be subject to further review
in a subsequent RRM or Statement of Intent filing.
During the Review Period, the Company and the regulatory authority will work
collaboratively and seek agreement on the level of rate adjustments. If, at the end of the
Review Period, the Company and the regulatory authority have not reached agreement,
the regulatory authority shall take action to modify or deny the proposed rate
adjustments. The Company shall have the right to appeal the regulatory authority's
action to the Railroad Commission of Texas. Upon the filing of an appeal of the
regulatory authority's order relating to an annual RRM filing with the Railroad
Commission of Texas, the regulatory authority having original jurisdiction over the
Company's rates shall not oppose the implementation of the Company's proposed rates
subject to refund, nor will the regulatory authority advocate for the imposition of a third
party surety bond by the Company. Any refund shall be limited to and determined based
on the resolution of the disputed adjustment(s) in a final, non-appealable order issued in
the appeal filed by the Company at the Railroad Commission of Texas.
In the event that the regulatory authority and Company agree to a rate adjustment(s)
that is different from the adjustment(s) requested in the Company’s filing, the Company
shall file compliance tariffs consistent with the agreement. No action on the part of the
regulatory authority shall be required to allow the rate adjustment(s) to become effective
on June 1. To the extent that the regulatory authority does not take action on the
Company's RRM filing by May 31, the rates proposed in the Company's filing shall be
deemed approved effective June 1. (2013 filing RRM rate will be effective October 15,
2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory
authority may choose to take affirmative action to approve a rate adjustment under this
tariff. In those instances where such approval cannot reasonably occur by May 31, the
rates finally approved by the regulatory authority shall be deemed effective as of June 1.
To defray the cost, if any, of regulatory authorities conducting a review of the
Company's annual RRM filing, the Company shall reimburse the regulatory authorities
on a monthly basis for their reasonable expenses incurred upon submission of invoices
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 5 OF 6
for such review. Any reimbursement contemplated hereunder shall be deemed a
reasonable and necessary operating expense of the Company in the year in which the
reimbursement is made. A regulatory authority seeking reimbursement under this
provision shall submit its request for reimbursement to the Company no later than
August 1 of the year in which the RRM filing is made and the Company shall reimburse
regulatory authorities in accordance with this provision on or before August 30 of the
year the RRM filing is made.
To the extent possible, the provisions of the Final Order shall be applied by the
regulatory authority in determining whether to approve or disapprove of Company’s
proposed rate adjustment.
This Rider RRM does not limit the legal rights and duties of a regulatory authority.
Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate
proceeding at any time to review whether rates charged are just and reasonable.
Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code,
Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider
RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities
Code, Chapters 101-105).
The annual rate adjustment process set forth in this tariff shall remain in effect during
the pendency of any Statement of Intent rate filing.
VII. Reconsideration, Appeal and Unresolved Items
Orders issued pursuant to this mechanism are ratemaking orders and shall be subject
to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code
(Vernon 2007).
VIII. Notice
Notice of each annual RRM filing shall be provided by including the notice, in
conspicuous form, in the bill of each directly affected customer no later than forty-five
(45) days after the Company makes its annual filing pursuant to this tariff. The notice to
customers shall include the following information:
a) a description of the proposed revision of rates and schedules;
b) the effect the proposed revision of rates is expected to have on the rates
applicable to each customer class and on an average bill for each affected
customer;
ATMOS ENERGY CORPORATION
MID-TEX DIVISION Attachment “A”
RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 6 OF 6
c) the service area or areas in which the proposed rates would apply;
d) the date the annual RRM filing was made with the regulatory authority; and
e) the Company’s address, telephone number and website where information
concerning the proposed rate adjustment be obtained.
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Consider approval of Resolution Authorizing the destruction of Municipal
and Academy records in compliance with the Texas State Library and
Archive Commission schedules.
STAFF CONTACT: Kelly Edwards, Town Secretary
DECISION POINTS
Start Date Completion Date
Timeframe: June 17, 2013 June 17, 2013
Records will be taken to the County for destruction in a timely manner.
Funding: Amount - $0.00 Status- Funded Source- N/A
Service free via Interlocal Agreement with Tarrant County
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Operational
Processes
OP.Optimize the use of our
Shared Services Model
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
In 1991 Council passed Ordinance 190 establishing Records Management. The Town Secretary
is designated as the Record Manager. Pursuant to Chapter 2, Section 2-208, we are requesting
the Town Council’s authorization to destroy the records contained on the attached destruction
log. Each record has met its retention requirement as established by the Texas State Library and
Archive Commission as adopted.
If approved the Town will use an Interlocal agreement established with Tarrant County for
destruction of these records. This is a free service provided by the County.
Chapter 2
Sec. 2-208. Implementation of records control schedules; destruction of records under schedule.
(a) A records control schedule that has been approved and adopted under section 2-207 shall be
implemented according to the policies and procedures of the records management plan.
(b) A record whose retention period has expired on a records control schedule shall be
destroyed unless an open records request is pending on the record, the subject matter of the
record is pertinent to a pending law suit, or there is a request in writing to the records
management officer that the record be retained for an additional period.
(c) Prior to the destruction of a record under an approved records control schedule,
authorization for the destruction must be obtained by the records management officer from the
board of aldermen.
(Ord. No. 190, § 9, 10-10-1991)
State law references: Retention periods, Local Government Code § 203.042.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Approve the destruction request.
ATTACHMENTS
Resolution and Destruction Log
Resolution 13-19
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 13-19
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE DESTRUCTION OF THE TOWN, ACADEMY, AND
TSHA RECORDS IN COMPLIANCE WITH THE TEXAS STATE LIBRARY AND
ARCHIVE COMMISSION SCHEDULES.
WHEREAS, the Town Council adopted Chapter 2, Administration, Article VI, Records
Management; and
WHEREAS, it is desirable to reduce the cost of records storage of municipal records;
and
WHEREAS, the Town Council finds that the agreement from Tarrant County meets the
necessary requirements of the records destruction requirements established by State law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the Recitals above are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2: The Town Council of the Town of Westlake hereby authorizes the
destruction of those records that have met the retention requirements hereto as Exhibit “A” and
further authorizes the Records Manager, Town Secretary to destroy, the said records in
accordance to the State law through an Interlocal agreement with Tarrant County.
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 witho ut the
invalid provision.
Resolution 13-19
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 17TH DAY OF JUNE 2013.
_____________________________
Laura L. Wheat, Mayor
ATTEST:
_______________________________ ________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
6/12/2013
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Schedule Record Series
Number
TYPE OF RECORD DESCRIPTION OF RECORD INCLUSIVE DATES LOCATION TO
BE STORED
STATE
RETENTION
PERIOD
DESTRUCTION
DATE
Inventory
Conducted
DESTRUCTION
DATE
Letters of
Schedule
Schedule
Assigned
number
Reference State
Retention Heading/Type
of Record
Reference Specific Record Beginning and Ending Date
of Materials Enclosed
Off-site location
(name of facility),
Fire Station, Town
Hall, etc
Reference State
Retention
Schedules/Periods
Calculated by State
Retention Schedule
according to last date
in box or file
1st Initial/Last
Name of person
preparing box
Date Record was
destroyed
GR 1000-34 a-c Administrative Public Information Request - Open Records Request 2001-2010 Town Hall 2 yrs Jan-13 K Edwards
GR 1000-21 c Administrative Publication Affidavits 2002, 2003 2005,
2007, 2009, 2010 Town Hall 2 yrs Jan-13 K Edwards
JC 3750-01(b)Financial Aid Award
Records Application of Students not awarded scholarships Jun-11 Town Hall End of Award +
1 yr Jun-12 P Ehrenberg
GR 1025-26b AP, Disbursement
Records AP Checks, Disbursements, PEIMS 9/06-8/07 Town Hall FE + 5 years Sep-12 D. White
SD 3600-01
Public Educaiton
Information (PEIMS)
Data Submissions
PEIMS 2007 Town Hall 5 Yrs Sep-12 D. White
GR 1050-53B Federal & Tax Forms
& Reports 941 Emp. Federal Tax Returns 12/31/95 - 9/30/96 Town Hall 4 YRS Sep-00 AB/TW
GR 1050-53 State Tax Form 95 Employement Tax 01/95-3/96 Town Hall 4YRS Mar-00 AB/TW
GR 1050-14 Employement
Applications WA Applications- Rejected 03,04,08 Town Hall 2YRS Jan-10 AB/TW
GR 1050-52 Earning & Deduction
Records Earnings & Deduction Records 09/94-09/00 Town Hall 5YRS Sep-05 AB/TW
GR 1050-52 Earning & Deduction
Records Earnings & Deduction Records 1996-1997 Town Hall 5YRS Dec-02 AB/TW
GR 1050-52a Earning & Deduction
Records Med Insurance Payroll Deductions 01/01-12/01 Town Hall 5YRS Jan-06 TL/TW
GR 1050-55a Payroll Action Or
Information Notices Documentation concerning payroll grade 2006-2007 Town Hall 2YRS Jun-09 AB/TW
GR 1050-56 Time & Attendance
Records Time Sheets and Attendance Records 2007/06-2008 Town Hall 4YRS Jun-12 AB/TW
6/12/2013
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Schedule Record Series
Number
TYPE OF RECORD DESCRIPTION OF RECORD INCLUSIVE DATES LOCATION TO
BE STORED
STATE
RETENTION
PERIOD
DESTRUCTION
DATE
Inventory
Conducted
DESTRUCTION
DATE
GR 1050-56 Time & Attendance
Records Time Sheets and Attendance Records 10/1999-09/2000 Town Hall 4YRS Sep-04 AB/TW
GR 1050-28B
Training &
Educational
Acheivement Record
Records documenting the planning, development and
implementation of training program 07/2004-07/2008 Town Hall 2YRS Jul-10 AB/TW
GR 1075-01B Bids & Bid
Documentation Proposal- Unsuccesful 2001-2002 Town Hall 2YRS Jun-04 AB/TW
GR 1000-29 Insurance Policies Box Insurance Binders 2003-2007 Town Hall 4YRS Jun-11 AB/TW
GR 1050-58
Requests &
Authorizations to
Engage in
Request Day Off With Subs 2007-2008 Town Hall FE+ 3 YRS Jun-12 AB/TW
GR 1050-14 Employement
Applications Employment Applications 01/2006-12/2008 Town Hall 2YRS Jan-11 AB/TW
GR 1050-55B Payroll Action Or
Information Notices Documentation Adjustments to Payroll 2007-2008 Town Hall FE+ 5 YRS Jun-12 AB/TW
GR 1025-26a
Accounts Payable &
Disbursement
Records
Seminar/Conference Invoice, Copies of Checks,
Disburement Documentation 05/2004-07/2008 Town Hall FE+ 3YRS Jul-11 AB/TW
GR 1050-30
Verification of
Employement
Eligibility
I-9 Forms 08/2008-12/2009 Town Hall 3YRS Dec-12 AB/TW
GR 1050-30
Verification of
Employement
Eligibility
I-9 Forms 03/2003-04/2008 Town Hall 3YRS Apr-11 AB/TW
GR 1000-29 Insurance Policies Insurance Policy Docs relevant to implementation change
renewal or replacement 06/25/2009-09/26/2005 Town Hall 4YRS Sep-09 AB/TW
GR 1025-28 Banking Records WA Bank Reconciliation 2002-2003 Town Hall FE+ 5 YRS Aug-09 AB/TW
GR 1050-14 Employment
Applications Employment Applications 01/2011-5/31/2011 Town Hall 2YRS Jun-13 AB/TW
GR 1050-30
Verification of
Employement
Eligibility
I-9 Forms- Current WA 10/2001-05/31/2010 Town Hall 3YRS Jun-13 AB/TW
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Schedule Record Series
Number
TYPE OF RECORD DESCRIPTION OF RECORD INCLUSIVE DATES LOCATION TO
BE STORED
STATE
RETENTION
PERIOD
DESTRUCTION
DATE
Inventory
Conducted
DESTRUCTION
DATE
GR 1025-
01e/1025-01a Fiscal Audit Records Town of Westlake and Westlake Academy: Audit
Workpapers 2003 thru 2007 Town Hall
Records Room FY + 5 years 09/01/2012 S. Whigham
GR 1025-04c Budgets/Budget
Document
Westlake Academy & Town of Westlake: Budget
(workpapers)1994 thru 2007 Town Hall
Records Room FY + 5 years 09/01/2012 S. Whigham
GR 1025-26a
Accounts Payable &
Disbursement
Records
Town of Westlake and Westlake Academy: Invoices and
Copies of Checks 1991 thru 2007 Town Hall
Recrods Room FY + 5 years 09/01/2012 S. Whigham
GR 1025-27a Accounts Receivable
Records
Town of westlake, Foundation, and Westlake Acdemy
Deposits 2006 thru 2007 Town Hall
Records Room FY + 5 years 09/01/2012 S. Whigham
GR 1025-27b Accounts
Receivable Records Town: AR - Sales Tax 1997 thru 1998 Town Hall
Records Room FY + 5 years 10/01/2003 S. Whigham
GR 1025-27d Accounts
Receivable Records Utility Fund 2006 thru 2007 Town Hall
Records Room FY + 5 years 09/01/2012 S. Whigham
GR 1025-28 Banking Records Town: Monthly CD Bank Statements 1994 thru 2007 Town Hall
Records Room FY + 5 years 10/01/2012 S. Whigham
GR 1025-30a
Ledgers, Journals,
and Entry
Documentation
Westlake Academy: GL 2004 Town Hall
Records Room FY + 5 years 09/01/2009 S. Whigham
GR 1025-30d
Ledgers, Journals,
and Entry
Documentation
Deposits: Town & Westlake Academy Foundation (and)
Transfers/Month End/ACH-EFT's & Westlake Academy
Deposits/JE's
2006 thru 2007 Town Hall
Records Room FY + 5 years 09/01/2012 S. Whigham
LC 2350-03 Civil and Criminal
Records 2000-2007 Deposits 2000-2007 Town Hall 5 Years from
closure date Jan-12 A.DeGan
LC 2350-03 Civil and Criminal
Records 2004-2007 Misc. Case Paperwork 2004-2007 Town Hall 5 Years from
closure date Jan-12 A.DeGan
LC 2350-03 Civil and Criminal
Records 2000-2007 Officer's copy of citations 2000-2007 Town Hall 5 Years from
closure date Jan-12 A.DeGan
LC 2350-03 Civil and Criminal
Records 2000-2007 Receipt Books 2000-2007 Town Hall 5 Years from
closure date Jan-12 A.DeGan
LC 2350-03 Civil and Criminal
Records 2000-2007 Cash Bond Paperwork 2000-2007 Town Hall 5 Years from
closure date Jan-12 A.DeGan
LC 2350-03 Civil and Criminal
Records 2000-2007 Refund Request & Check copies 2000-2007 Town Hall 5 Years from
closure date Jan-12 A.DeGan
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Schedule Record Series
Number
TYPE OF RECORD DESCRIPTION OF RECORD INCLUSIVE DATES LOCATION TO
BE STORED
STATE
RETENTION
PERIOD
DESTRUCTION
DATE
Inventory
Conducted
DESTRUCTION
DATE
LC 2350-03 Civil and Criminal
Records 2000-2007 Receipt Books/Citation Overpayments 2000-2007 Town Hall 5 Years from
closure date Jan-12 A.DeGan
LC 2350-03 Civil and Criminal
Records 2000-2007 Cash Bond & Refund Docs 2000-2007 Town Hall 5 Years from
closure date Jan-12 A.DeGan
LC 2350-03 Civil and Criminal
Records 25 Boxes of Citations Closed in 2007 2007 Town Hall 5 Years from
closure date Jan-13 A.DeGan
GR 1025-27 Financial Records TSHA Accounts Receivables (all in one box with 1025-
28)08/2006 - 08/2007 Off-site storage 5 Yrs Oct-12 P Ehrenberg
GR 1025-31 Financial Records THSA Transactions Summaries (all in one box with 1025-
28)09/2006 - 08/2007 Off-site storage 5 Yrs Oct-12 P Ehrenberg
GR 1025-28 Financial Records TSHA Bank Statements 08/2005 - 12/2007 Off-site storage 5 Yrs Jan-13 P Ehrenberg
GR 1025-27 Financial Records TSHA Accounts Receivables - Cambridge (all in one box
with 1025-28)08/2006 - 09/2007 Off-site storage 5 Yrs Oct-12 P Ehrenberg
GR 1025-31 Financial Records THSA Transactions Summaries - Cambridge (all in one
box with 1025-28)08/2006 - 09/2007 Off-site storage 5 Yrs Oct-12 P Ehrenberg
GR 1025-28 Financial Records TSHA Bank Statements - Cambridge 08/2006 - 09/2007 Off-site storage 5 Yrs Oct-12 P Ehrenberg
GR 1025-27 Financial Records TSHA Accounts Receivables - Ballpark (all in one box
with 1025-28)08/2006 - 09/2007 Off-site storage 5 Yrs Oct-12 P Ehrenberg
GR 1025-31 Financial Records THSA Transactions Summaries - Ballpark (all in one box
with 1025-28)08/2006 - 09/2007 Off-site storage 5 Yrs Oct-12 P Ehrenberg
GR 1025-28 Financial Records TSHA Bank Statements - Ballpark 08/2006 - 09/2007 Off-site storage 5 Yrs Oct-12 P Ehrenberg
GR 1025-27 Financial Records TSHA Accounts Receivables - San Marcos (all in one box
with 1025-28)08/2006 - 09/2007 Off-site storage 5 Yrs Oct-12 P Ehrenberg
GR 1025-31 Financial Records THSA Transactions Summaries - San Marcos (all in one
box with 1025-28)08/2006 - 09/2007 Off-site storage 5 Yrs Oct-12 P Ehrenberg
GR 1025-28 Financial Records TSHA Bank Statements - San Marcos 08/2006 - 09/2007 Off-site storage 5 Yrs Oct-12 P Ehrenberg
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Consider a Resolution authorizing the Town Manager to execute a
contract with RAMA General Contracting for construction of a 1 MG
Ground Storage Tank.
STAFF CONTACT: Jarrod Greenwood, Director of Public Works
DECISION POINTS
Start Date Completion Date
Timeframe: June 17, 2013 September 2, 2013
Funding: Amount - $1,399,000 Status- Funded Source- Bond Issuance
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Operational
Processes
OP.Preserve our Infrastructure to
Meet the Life Expectancy of our
Assets
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
1. Existing
Infrastructure
Reinvestment
(Current Assets)
SA 05.3: Capital Reinvestment
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
The adopted 5 year Capital Improvement Plan includes the construction of an additional
water Ground Storage Tank to be located at the Town’s water pump station on Denton Hwy.
The Town’s existing tank is constructed of steel, approaching 12 years of service life, and is in
need of maintenance and repainting consistent with industry standards. The additional tank will
allow the existing tank to be taken out of service, as required by TCEQ, for the duration of repair
and repainting without jeopardizing water service delivery to Westlake residents and customers.
The new tank will not only provide for redundancy, but will increase water storage capacity for
future demand, and will help reduce peak charges incurred from the City of Fort Worth.
The Town Council approved the 2012-2017 Capital Improvement Plan on April 23, 2012
which included the design and construction of a Ground Storage Tank at an estimated cost of $2
million.
Staff advertised the project and received four bids, with RAMA General Contracting
providing the lowest bid of $1,399,000. Staff recommends awarding the contract at the bid
amount, but will work with the contractor over the next couple of months to identify
opportunities that would provide costs savings for the Town.
We a nticipate issuing a notice to proceed the first week in July with on-site construction
beginning in October and being completed mid to late summer 2014.
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends approval
ATTACHMENTS
RAMA GST Agreement
Resolution 13-20
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 13-20
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT
WITH RAMA GENERAL CONTRACTING FOR CONSTRUCTION OF A 1MG
GROUND STORAGE TANK.
WHEREAS, the state requires water purveyors to provide a safe and adequate supply of
water to citizens and water customers within their geographic service area; and
WHEREAS, the Town Council find that a secondary ground storage tank is sound
infrastructure planning consistent with goals and objectives within the adopted strategic plan;
and
WHEREAS, the Town Council finds that a secondary ground storage tank is necessary
and that funding is appropriate; and.
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That , the Town Council of the Town of Westlake, Texas, hereby approves
the contract, in the amount of $1,399,000 for the construction of a 1MG ground storage tank
attached here to as Exhibit “A”; and further authorizes the Town Manager to execute said
contract on behalf of the Town of Westlake, Texas.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-20
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 17TH DAY OF JUNE 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Consider approval of a Resolution appointing and reappointing affiliate
board members.
STAFF CONTACT: Kelly Edwards, Town Secretary
DECISION POINTS
Start Date Completion Date
Timeframe: 06/17/2013 06/17/2013
Funding: Amount - $0.00 Status- Funded Source- N/A
N/A
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Customer Focus CF.Enhance and Maintain a Sense
of Community
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Members with expiring terms have been contacted by the Town Secretary and asked to respond
as to their desire to continue to serve as a board, commission or committee member. The
resolution indicates the names of the board commission, committee members and their current
status.
ORGANIZATIONAL HISTORY/RECOMMENDATION
N/A
ATTACHMENTS
Resolution
Resolution 13-22
Page 1 of 5
TOWN OF WESTLAKE
RESOLUTION NO. 13-22
REAPPOINTING AND APPOINTING MEMBERS TO THE 4B ECONOMIC
DEVELOPMENT BOARD; WESTLAKE HISTORICAL PRESERVATION SOCIETY;
PLANNING AND ZONING COMMISSION; PUBLIC ART SOCIETY OF WESTLAKE;
TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS; THE TEXAS
STUDENT HOUSING AUTHORITY; THE TEXAS STUDENT HOUSING
CORPORATION – DENTON PROJECT; AND THE WESTLAKE ACADEMY
FOUNDATION, AND RESOLVING RELATED MATTERS.
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 following individuals are hereby appointed/reappointed to
the 4B Economic Development Board:
Term Expiration
Laura Wheat, Mayor June 2013
Carol Langdon, Council Member June 2013
Michael Barrett, Council Member June 2013
Rick Rennhack, Council Member June 2013
David Brown, Non-Council Member June 2013
Gregg Malone, Non-Council Member June 2011
Vacant , Non-Council Member June 2013
As a result of the appointments heretofore stated, the 4B Economic Development
Board is represented by the following:
Term Expiration
Laura Wheat, Mayor June 2015
Carol Langdon, Council Member June 2015
Michael Barrett, Council Member May 2015
Rick Rennhack, Council Member June 2015
David Brown, Non-Council Member June 2015
Gregg Malone, Non-Council Member June 2015
Vacant, Non-Council Member June 2015
Resolution 13-22
Page 2 of 5
SECTION 3: THAT the following individuals are hereby appointed/reappointed to
the Westlake Historical Preservation Society:
Term Expiration
Kristi Layton June 2015
Karen Stoltenberg June 2015
Kelly Bradley June 2015
Stephen Thornton June 2013
Bert Schultz June 2013
Jim Budarf June 2013
Megan Brady June 2015
As a result of the appointment heretofore stated, the Westlake Historical
Preservation Society, is represented by the following:
Term Expiration
Stephen Thornton June 2016
Wanda Brewster June 2015
Vacant June 2016
Vacant June 2016
Vacant June 2016
Vacant June 2015
Vacant June 2015
Staff Liaison- Town Manager or his appointee
SECTION 4: THAT the following individuals are hereby appointed reappointed to
the Planning and Zoning Commission:
Term Expiration
William Greenwood June 2013
Tim Brittan June 2013
Wayne Stoltenberg June 2014
Walter Copeland June 2014
Allen Heath June 2014
Sharon Sanden (Alternate member) June 2014
As a result of the appointment s heretofore stated, the Planning and Zoning
Commission is represented by the following:
Term Expiration
William Greenwood June 2015
Tim Brittan June 2015
Walter Copeland June 2014
Vacant June 2014
Allen Heath June 2014
Sharon Sanden (Alternate member) June 2014
Resolution 13-22
Page 3 of 5
SECTION 5: THAT the following individuals are hereby appointed/reappointed to
the Westlake Public Art Society:
Term Expiration
Bryan Biddle June 2013
Amelia Johnson June 2013
Trish Biddle June 2012
Debra Hale June 2012
Kelly Cox June 2012
Gail James June 2013
Leah Rennhack June 2013
Vacant June 2013
April Gallagher June 2013
Staff Liaison- Town Manager or his appointee
As a result of the appointment heretofore stated, the Westlake Public Art Society is
represented by the following:
Term Expiration
Bryan Biddle June 2015
Amelia Johnson June 2015
Trish Biddle June 2015
Rebecca Neidich June 2015
Gail James June 2015
Kelly Cox June 2014
Vacant June 2014
Vacant June 2014
Vacant June 2014
Staff Liaison Town Manager or his appointee
SECTION 6: THAT the following individuals are hereby reappointed to the Texas
Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing
Corporation – Denton Project, the Texas Student Housing Corporation – College Station Project;
Term Expiration
Jim Carter June 2014
Vacant June 2014
Scott Bradley June 2014
Gregg Malone June 2014
George Ledak June 2013
Vacant June 2013
Vacant June 2013
Resolution 13-22
Page 4 of 5
As a result of the appointments heretofore stated, the Texas Student Housing
Authority, the Texas Student Housing Authority, and the Texas Student Housing
Corporation – Denton Project, are represented by the following:
Term Expiration
Jim Carter June 2014
Gregg Malone June 2014
Scott Bradley June 2014
George Ledak June 2015
Vacant June 2014
Vacant June 2015
Vacant June 2015
SECTION 7: THAT the following individuals are hereby appointed/reappointed to the
Westlake Academy Foundation Board of Directors:
Term Expiration
Leah Rennhack June 2012
Casey Paulson June 2012
Kelly Cox June 2012
Bill Greenwood June 2012
Charlotte Ryan June 2012
Kevin Hansen June 2012
April Gallagher June 2012
Vacant June 2012
Ken Gorden June 2013
Rob Scott June 2013
Sean Shope June 2013
Zan Jones June 2013
Vacant June 2013
As a result of the appointments heretofore stated, the Westlake Academy Foundation is
represented by the following:
Term Expiration
Leah Rennhack June 2014
Rebecca Neidich June 2014
Kelly Cox June 2014
Bill Greenwood June 2014
Charlotte Ryan June 2014
Kevin Hansen June 2014
April Gallagher June 2014
Andy Sedino June 2014
Ken Gorden June 2016
Sean Shope June 2016
Resolution 13-22
Page 5 of 5
Zan Jones June 2016
Jeff Watson ? June 2016
Karen Stoltenberg June 2016
Vacant June 2016
Vacant June 2016
SECTION 8: 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 9: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 17th DAY OF JUNE 2013.
ATTEST: _____________________________
Laura Wheat, Mayor
______________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
______________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Consider a Resolution Authorizing the Town Manager to enter into an agreement with Steel &
Freeman to complete the utility and earthwork (i.e. Part A) for Phase I of the Westlake Academy Expansion
project; establishing a guaranteed maximum price (GMP) to complete the site utilities and grading package
for all three buildings: authorizing issuance of a notice to proceed with Part A of Phase I facility
improvements construction; approve funding sources as proposed; and authorize town staff to execute
funding changes not to exceed $25,000.00.
STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation
Jarrod Greenwood, Director of Public Works
DECISION POINTS
Start Date Completion Date
Timeframe: June 17, 2013 August 30, 2013
Funding: Amount - $813,690 Status- Funded Source- Bond Issuance
Decision Alignment
VVM Perspective Desired Outcome
Exemplary
Governance
Financial
Stewardship FS.Sustain Fiscal Health
Strategic Issue Outcome
Strategy Staff Action
Capital Investment
3. Policy and Cost
Analysis Drive by
GRowth (Future
Assets)
SA 03.3: WA Campus
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
Interviews with the CM at Risk firms began on March 27, 2013 and were completed on April 2,
2013. A team of Staff members ranked each proposal based on experience in educational projects,
team job experience, delivering the CM at Risk method and current jobs and fees. The staff is
recommending Steele & Freeman as the CM at Risk contractor for the Westlake Academy Phase I
campus expansion. The staff members who completed the interview include: Tom Brymer, Troy J.
Meyer, Jarrod Greenwood, Ben Nibarger, Eddie Edward and Mark Dabney from BB&P.
On April 22, 2013 the Town Council authorized the Town Manager to enter into negotiations with
Steele & Freeman, Inc. for construction manager at -risk services to establish a guaranteed
maximum pr ice for Phase I of the Westlake Academy campus expansion project. To ensure the
project is completed in the fall of 2014 and that the proposed agreement will allow for the site
utilities and grading package to start in July for this project, the following timeline must be met.
May 30 th Site utilities and grading package goes out to bid (Part A)
June 14th Bid package review by S& F
June 14th At mos & Tri-County submit location of meters
June 17th Town Council Approves AIA agreement with S & F
July 1st Mobilization of contractor
August Complete site utilities and grading work
August 5th Full GMP will be present ed to Council (with Part B)
(i.e., amending GMP to include Part A&B)
The estimated budget for the site utilities and grading package is $813,690. Final cost and AIA
standard agreements will be present ed on June 17th for council approval.
At the August 5th meeting, staff will also present an addendum to this agreement which will include
the full GMP for the project. Staff continues to work with Atmos Energy and Tri-County to
confirm locations and the cost of gas lines and transformers for all three buildings
ORGANIZATIONAL HISTORY/RECOMMENDATION
Staff recommends Council approval of the agreement with Steel & Freeman for site utilities and
grading package.
ATTACHMENTS
Resolution
Resolution 13-21
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 13-21
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
AGREEMENT WITH STEEL & FREEMAN, INC. TO COMPLETE THE SITE
UTILITIES AND GRADING PACKAGE FOR PART A OF PHASE I OF THE
WESTLAKE ACADEMY EXPANSION PROJECT; ESTABLISHING A GUARANTEED
MAXIMUM PRICE (GMP) FOR PART A TO COMPLETE THE SITE UTILITIES AND
GRADING PACKAGE FOR ALL THREE BUILDINGS: AUTHORIZING ISSUANCE
OF A NOTICE TO PROCEED WITH PART A OF PHASE I CONSTRUCTION;AND
AUTHORIZING THE TOWN MANAGER TO APPROVE FUNDING CHANGE
ORDERS NOT TO EXCEED $25,000.00 ON THIS PROJECT.
WHEREAS, the Town of Westlake owns and operates the Westlake Academy and
provides facilities for Town and Academy use; and
WHEREAS, fo r construction manager at -risk services will provide the Town with
professional and construction management expertise to complete site utilities and grading
package for the single-story multi-purpose, three story secondary classroom building and
one single story field house ; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake .
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby approve the
contract, attached as Exhibit “A”, with Steele & Freeman, Inc relating to Part A of Phase I of the
Westlake Academy Campus expansion project.
SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town
Manger approve change orders to this agreement up to $25,000.00 in the aggregate, on behalf of
the Town of Westlake.
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-21
Page 2 of 2
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 17th DAY OF JUNE 2013.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Preliminary Plat for PD1-3, Granada Subdivision
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: June 17, 2013 June 17, 2013
Funding: Amount - None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Operational
Processes
CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
EXECUTIVE SUMMARY
A Preliminary Plat for the PD1-3 zoning district, Granada subdivision, was submitted for
recommendation by the Planning and Zoning Commission and for approval by the Town
Page 2 of 2
Council. On June 10, 2013, the Planning and Zoning Commission unanimously voted to
recommend approval of the Preliminary Plat.
ORGANIZATIONAL HISTORY/RECOMMENDATION
On February 25th of this year Centurion American received approval for the rezoning of the
PD1-3 Planning Area to allow development of an approximately 84 acre tract as a Single-family
development . The rezoning was approved along with a Concept Plan for the development. The
Preliminary Plat submitted comports with the approved Concept Plan and staff recommends
approval of the Preliminary Plat . However, as a condition of the rezoning of this property, the
developer must also enter into a Developer’s Agreement with the Town of Westlake before the
Preliminary Plat is approved by Town Council. The Developer’s Agreement does not require
Planning and Zoning Commission recommendation and as of the date of this memo June 11,
2013, the agreement is still being developed, reviewed and amended by all parties concerned, but
it will be presented to the Town Council for approval prior to their consideration of the
Preliminary Plat.
ATTACHMENTS
Exhibit:
• Concept Plan
• Preliminary Plat.
Resolution 13-23
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION 13-23
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A PRELIMINARY PLAT FOR THE PROPERTY DESCRIBED
AS BEING THE TRACTS OF LAND TOTALING 84.28 ACRES, GENERALLY
LOCATED AT THE NORTH EAST CORNER OF DAVIS BLVD. AND DOVE ROAD;
COMMONLY KNOW AS THE GRANADA SUBDIVISION PROPERTY ZONED PD1,
PLANNING AREA 3 (PD1-3); TARRANT COUNTY, TEXAS.
WHEREAS, the Planning and Zoning commission held a public hearing on June 10,
2013 and voted unanimously to recommend approval of the preliminary plat; 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: All matters stated in the Recitals above 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, after considering
the recommendation for approval from the Planning and Zoning Commission on June 10, 2013,
does hereby approve the Preliminary Plat for the Granada subdivision, (PD1-3), as attached. The
preliminary plat is attached as Exhibit “A”.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-23
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 17th DAY OF JUNE, 2013.
_____________________________
ATTEST: Laura L. Wheat, Mayor
_______________________________ ________________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
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8
7
'
15.
4
2
'
1
4
4
.
3
4
'
22
7
.
0
7
'
462.44'
24,966 SF
30,395 SF
26,195 SF
223.58'
137.48'
24,592 SF
25,091 SF
24.9
7
'
48.
0
9
'
2
0
2
.
1
7
'
20
0
.
7
2
'
113
.
8
4
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1
9
0
.
2
5
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188.37'
176.6
2
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47.77'
192
.
4
1
'
262.13'
22
2
.
0
9
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1
6
0
.
8
3
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76.86'
217.18'
2
3
1
.
0
9
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9
7
.
9
3
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72
.
6
4
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12
0
.
0
0
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12
0
.
0
0
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12
0
.
0
0
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27,854 SF
31,496 SF
30,999 SF
32,423 SF
31,024 SF
30,490 SF
30,102 SF
270.42'
1
9
9
.
5
0
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19
9
.
5
0
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1
4
8
.
2
2
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1
1
2
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4
2
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40.99'
5
5
.
2
1
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2
2
6
.
5
7
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166.2
8
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138.00'
21
7
.
0
9
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33,226 SF
2
2
4
.
3
8
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264.03'141.34'
315.73'
5
0
.
4
1
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69.52'
41.
5
4
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62.73'
32
.
2
3
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7
6
.
9
8
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90
.
1
5
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170.71'
13
3
.
5
5
'
104.38'
26
.
7
0
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81
.
4
3
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14
7
.
2
5
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206.94'
16
5
.
2
3
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98
.
3
3
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69
.
1
1
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85
.
0
2
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14
9
.
2
8
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34.56'
2
6
9
.
2
3
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2
4
6
.
7
9
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191.85'155.23'
207.92'
24
2
.
4
4
'
12
4
.
6
8
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196.8
9
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21
1
.
3
4
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212.50'
12
0
.
0
0
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13
0
.
1
1
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50
.
1
1
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0
.
2
0
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4
2
.
2
0
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11
3
.
7
6
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0
.
0
0
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211.73'
14
6
.
0
0
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12
4
.
9
9
'
16
5
.
4
2
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79.5
0
'
143
.
5
2
'
9
0
.
5
2
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212
.
5
6
'
26,255 SF
32,059 SF
26,577 SF
31,722 SF
35,048 SF
25,025 SF
27,945 SF
27,367 SF
30,403 SF
183.83'
28
.
0
1
'
74.10
'
55.07
'
9
7
.
7
9
'
190
.
7
1
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33.01'
12
1
.
5
8
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13
7
.
7
2
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90.
9
3
'
25,066 SF
202.15'
74
.
5
0
'
49
.
8
5
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14
7
.
2
5
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25
.
0
5
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26,594 SF
30,267 SF
180.76'
5
1
.
3
7
'
7
8
.
0
7
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1
2
1
.
2
0
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87
.
4
8
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33
.
9
8
'
31
.
2
1
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42
.
0
4
'
85.
7
6
'
22.07'
25,692 SF
28,963 SF
28,308 SF
44,050 SF
33,420 SF
44,045 SF
30,058 SF
30,649 SF
35,422 SF
28,894 SF
29,196 SF
27,031 SF
27,608 SF
26,833 SF
26,813 SF
29,963 SF
31,842 SF
39,609 SF
34,120 SF
26,125 SF
32,904 SF
37,249 SF
34,056 SF
31,888 SF
28,610 SF
35,655 SF
31,536 SF
36,812 SF
31,657 SF
32,105 SF
32,788 SF
38,496 SF
34,183 SF
25,097 SF
26,864 SF
27,808 SF
29,279 SF
27,624 SF
24,545 SF
41,599 SF
25,490 SF
24,503 SF
26,586 SF
24,136 SF
31,575 SF
35,663 SF
36,919 SF
29,075 SF
30,023 SF
26,158 SF
33,422 SF
32,950 SF
67.44'
126.
3
7
'
20
1
.
0
8
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66.69'
107
.
7
5
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23.93'6
3
.
0
8
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50
.
9
9
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28.00'
69
.
8
9
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6.61'
85.55'
11
4
.
1
4
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36.
2
0
'
24.47'
66
.
3
0
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78.07'
1
7
4
.
4
0
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171.80'
19.99'
9
8
.
6
3
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8
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3
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181.55'
16
5
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9
0
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51
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6
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25
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0
9
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95
.
0
5
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207.66'90
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0
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59
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9
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231.57'10
2
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228.26'
78
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4
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.
3
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7.39'
24
2
.
4
4
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152.
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3
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213.67'
213.95'
15.95'
10
3
.
6
9
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231.86'
15
3
.
1
2
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8
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5
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4
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280
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6
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5
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165.44'
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3
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29.65'
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6
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4
6
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115.37'
69
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5
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8
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4
6
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267
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8
6
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46.53'
6
2
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48
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198.78
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6
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170
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4
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2
4
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5
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4
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41.0
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67.28'
117.9
9
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62.08'
20
8
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5
0
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16.29'
5
6
.
3
5
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40
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8
3
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40.1
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29.63'
73.06'
91.77
'
210.16'
32
1
.
7
4
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20.40'
269.52'
2
0
3
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7
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130.00'
1
9
5
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3
5
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154.
7
6
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3
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101
.
8
4
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4
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9
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3
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154
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7
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4
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7
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7
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98
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9
9
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5
3
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213.40'
15
4
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7
6
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30
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0
8
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87
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1
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14.17'149.08'
14
8
.
2
2
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101.17'
35.74'
18
0
.
8
4
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123.91'
159.75'
6
8
.
8
3
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8
4
.
5
3
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72
.
2
8
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133.
2
4
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5
4
.
6
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6
5
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5
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50.
4
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3
2
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46
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74
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0
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7
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263.40'41.37'94.75'
279
.
2
4
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271.99'
276.19'
217.51'
33.98'
6
1
.
9
7
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6
0
.
2
9
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62
.
4
0
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59.47
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5
2
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97.30'
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4
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94
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6
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0
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7
6
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1
.
4
4
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0
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8
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168.00'
142.29'
85.14'
44.42'
188.88'
27
5
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3
9
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1
2
4
.
5
4
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1
5
2
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5
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216.27'
33,580 SF
3
1
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2
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32.24'
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0
1
.
8
5
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68.49'
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0
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6
6
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12.86'
63.69'
46.14'
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3
3
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7
6
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6
6
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6
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9,424 SF
15,234 SF
152.
1
7
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39
.
1
1
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7
.
6
3
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29,049 SF
24,057 SF
35,559 SF
23,518 SF
N
Z:\2012\12123\Drawings\Concept\12123 Concept R 020813.dwg
G&A Job No. 12123 Date: February 8, 2013 By: RR
This concept plan is intended for conceptual
developmental use and shall not be interpreted
as an official or submitted document. All aerial
and map images were attained from best
available information. This plan is subject to
change.
Granada
Concept R - 84 Lots
+/- 84.28 Acres
RESIDENTIAL LOT SUMMARY
Average
Lot Size
LAND USE SUMMARY:
NET AREA цϴϰ͘ϮϴZ ^
EXISTING ROW DEDICATION цϳ͘ϵϲZ ^
TOTAL GROSS AREA цϵϮ͘ϮϰZ ^
REQUIRED OPEN SPACE (20%)цϭϲ͘ϴϰĐƌĞƐ;ϮϬйͿ
PROVIDED OPEN SPACE цϮϱ͘ϳϲĐƌĞƐ;ϮϴйͿ
SetbacksPad Size Quantity
FY - 40'
SY - 20'
RY - 40'
80' x 90'84
DensityLot Area
Min
23,517 SF .91 du/ac30,425 SF
COVER SHEET
PRELIMINARY PLAT
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ANALYSIS
GRANADA
Page 1 of 2
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Town Council Meeting
Monday, June 17, 2013
TOPIC: Discussion and consideration of a Right -of-way License Agreement for an
entryway at 1755 Dove Road.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: June 17, 2013 June 17, 2013
Funding: Amount - None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Operational
Processes
CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
Page 2 of 2
EXECUTIVE SUMMARY
The property owners constructed a new home on the property last year and originally intended to
utilize the original entryway off of Dove Road to access the new home, but after completing the
home and having utilized the temporary construction driveway for a while, they decided to turn
the temporary driveway into the permanent driveway and build an entryway feature at the access
point on Dove Road.
ORGANIZATIONAL HISTORY/RECOMMENDATION
In May of this year construction work began on the entryway. When town staff noticed the
block walls being erected the property owners were contacted and made aware that the entryway
did not appear to comply with town ordinances and that the wall may not be allowed in its
current location or configuration. Upon further research it was determined that much of the
entryway structure was located in the right -of-way. The only two options that would allow the
wall to remain in its current location would be; (a) Request that the Town abandon the right-of-
way and then seek variances for the wall height or (b) Seek approval of a license for the use of
the right -of-way. The property owner has chosen to seek approval of a right -of-way license.
ATTACHMENTS
Will be provided under separate cover.
• Site plan
• Entryway plan
• Photo of entryway
• Right -of-way license agreement
• Photos of other entryways located in Westlake
EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
c. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
Town of Westlake
Item # 6 –
Executive Session
Town of Westlake
Item # 7 – Reconvene
Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the is
Chapter including but are not limited to the following: Town of Westlake
Certificate of Convenience & Necessity (CCN) for water and sewer service.
b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate
the appointment, employment, evaluation, reassignment, duties, of a public
officer or employee: Town Manager
c. Section 551.087: Deliberation Regarding Economic Development Negotiations –
to deliberate the offer of a financial or other incentive to a business prospect.
Town of Westlake
Item # 8 – 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 #9 - Future
Agenda Items
COUNCIL CALENDAR
Town Offices Closed
July 4, 2013
WA Fall Sports begin for students
August 5, 2013
WA Student Registration
August 6-8, 2013; Check Master Calendar for times
Town Council Budget Workshop
August 9, 2013, 3:00 – 6:00 p.m.
Board of Trustees Meeting
August 12, 2013
WA Primary Back to School Night
August 20, 2013; Time TBA
WA Secondary Back to School Night (parents only)
August 21, 2013; Time TBA
WA First Day of School
August 22, 2013
Town Council Meeting
August 26, 2013
Town of Westlake
Item # 10 –
Council Calendar
Town of Westlake
Item # 11 –
Adjournment
Back up material has not
been provided for this item.