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Home My WebLink About08-26-13 TC Min INUTES OF THE TOWN OF WESTLAKE,TEXAS TOWN COUNCIL MEETING August 26, 2013 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Carol Langdon, Wayne Stoltenberg and Rick Rennhack. ASSENT: Council Member Clif Cox OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Town Attorney Stan Lowry, Finance Director Debbie Piper, Assistant to the Town Manager Ben Nibarger, 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, Public Works Director Jarrod Greenwood, Information Technology Director Jason Power, Human Resources and Administration Services Director Todd Wood and Special Projects Coordinator, John Zagurski. Workshop si 1. CALL TO ORDER Mayor Wheat called the workshop to order at 5:32 p.m. 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE AUGUST 2 , 2013, TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. Town Council Minutes 08/26113 Page 1 of 7 3. REPORTS a. Staff Action item 12.3: inventory and identify availability of recommended Emergency Operations Center components. 4. DISCUSSION ITEMS a. Presentation and discussion of DirectionFinders 2013 Citizens'Survey Final Report. Mr. Chris Tatham, ETC Institute, provided a presentation and overview of the survey results. Discussion ensued regarding the value of city tax dollars, overall priority of Public Safety services and improving dialog regarding zoning discussions. b. Presentation and discussion of RFP for Comprehensive Plan Update services. Town Manager Brymer provided an overview of the request for proposal process Staff followed to select a Planning firm. Mr. Robin McCaffrey, Mesa Planning, provided a presentation and overview of proposed planning services. Discussion ensued regarding interactions with other municipalities during review of the Highway 114 corridor, incorporating regional transportation plans, public participation workshops, and the value of the plan. c. Continued discussion of the FY 2013/2014 Municipal Services Budget. Finance Director Piper provided an overview and presentation regarding additional revisions to the proposed budget. d. Continued discussion, from the June 17, 2013 meeting, of applications for annual board and commission appointments. Discussion ensued regarding current applicants, meeting with the Historical Preservation Society, the nominating and recruiting process and amending the Planning and Zoning Commission ordinance to allow for 2 alternates members. Mayor recessed the workshop at 7:35 p.m., to convene the regular meeting. Town Council Minutes 08/26/13 Page 2 of 7 e. Standing Item: Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections (Amendment to Steele & Freeman original contract for Phase I— Parts A & B). S. EXECUTIVE SESSION The Council did not convened into 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 - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Westlake Academy Facility Expansion b. 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. c. 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 . RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. . COUNCIL RECAP / STAFF DIRECTION 9. ADJOURNMENT Mayor Wheat adjourned the workshop at 7:42 p.m. Regular Session 1. CALL ORDER Mayor called the meeting to order at 7:35 p.m. . CITIZEN PRESENTATIONS AND RECOGNITIONS Town Council Minutes 08/26/13 Page 3 of 7 Mary Jean, Atmos, contributed approximately $1200 for the Fire and EMS training videos which will also assist with public educational training. David Brod, Deloitte University, contributed approximately $10,000 to purchase a live fire extinguisher training system. 3. CONSENT AGENDA a. Consider approval of the minutes from the June 17, 2013, meeting. b. Consider approval of the minutes from the August 9, 2013, meeting. c. Consider approval of Resolution 1 -22A, Appointing and Reappointing Affiliate Board Members. d. Consider approval of Resolution 13-23A, Approving a renewal of the Keller Police services contract e. Consider approval of Ordinance 707 — Amending the Town of Westlake Code Of Ordinances, Chapter 26, Community Development, Section 26-68; To allow the Mayor to Sit as an Alternate Member of the Zoning Board of Adjustments f. Consider approval of Ordinance 708 — Adding an Ordinance to Implement and Enforce the Texas State Rule on Locally Enforced Motor Vehicle Idling Limitations and to Approve a Memorandum of Agreement with the Texas Commission on Environmental Quality to Enforce this Rule Locally MOTION: Council Member Langdon made a motion to approve the consent agenda. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat closed the workshop at 7:42 p.m., and recessed the meeting regular meeting at 7:45 p.m. The Council convened into Executive Session at 8:00 p.m., pursuant to Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Westlake Academy Facility Expansion Mayor Wheat reconvened the regular session at 8:15 p.m. Town Council Minutes 08/26/13 Page 4 of 7 4. CONSIDER APPROVAL OF RSOLUTIO 1 -24A AMENDING THE ORIGINAL CONTRACT WITH STELE &FREEMAN, INC., APPROVED ON JUNE 17, 2013, FOR CONSTRUCTION MANAGER AT-RISK SERVICES ESTABLISHING A GUARANTEED MAXIMUM PRICE (GMP) OF $8,578,634, WHICH INCLUDES AN AMENDMENT TO PART A AND ADDING PART B TO PHASE ONE OF THE WESTLAKE ACADEMY CAMPUS EXPANSION PROJECT AND AUTHORIZE TOWN STAFF TO MAKE FUNDING CHANGES NOT T XCE $25,0 . ON THIS PROJECT. Assistant to the Town Manager Nibarger provide a presentation and overview of the propose construction and cost. MOTION: Council Member Rennhack made a motion to approve Resolution 1 -24A establishing a GMP price of $8,542,930.00. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. S. CONSIDER APPROVAL OF RESOLUTION 13-25A, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH MESA PLANNING FOR THE TOWN'S COMPREHENSIVE PLAN REVIEW AND UPDATE. Town Manager Brymer provided an overview of the proposal and selection process. Discussion ensued regarding the opportunities for public involvement in the process and the firm's experience. MOTION: Council Member Stoltenberg made a motion to approve Resolution 13-25A. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat then ask for a motion regarding discussion pursuant to 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Westlake Academy Facility Expansion OTION: Council Member Barrett to approve the settlement with Benner Bennett and Pettit subject to review to a final review and approval of the Town Manager and Town Attorney. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 08/26/13 Page 5 of 7 6. EXECUTIVE SESSION The Council convened into executive session at 8:37 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Westlake Academy Facility Expansion b. 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. c. 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 9:31 p.m. 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. FUTURE AGENDA ITEMS - None 10. COUNCIL CALF A Town Council Minutes 08/26/13 Page 6of7 11. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. TIN: Council Member Langdon made a motion to adjourn the meeting. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:32 p.m. APPROVED BY THE TOWN COUNCIL SEPTEMBER 1 , 2013. ATTEST: w � ` Laura Wheat, Mayor Kelly Edwa , Town Secretary Town Council Minutes 08/26/13 Page 7 of 7