Minutes TC 12/06/1994MINUTES OF REGULAR TOWN COUNCIL MEETING
TROPHY CLUB, TEXAS
THE STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in
a regular session on Tuesday, December 6, 1994. The meeting
was held within the boundaries of the Town and was open to
the Public.
Council Members Present:
Jim Carter Mayor
Marshall Engelbeck Council Member
Doug Glaspell Council Member
Gene Hill Mayor Pro Tem
Patti Stoltz Council Member
Also present were guests and staff members:
Donna Welsh
John Hill
Pauline Shaw
Bill LeGrand
Karen Sadri
Gary Teague
Mark Bringhurst
Lou Opipare
Town Manager
Town Attorney
Planning and Zoning
Administrator
Director of Public Works
Town Secretary
Teague, Nall and Perkins, Inc.
T.U. Electric Manager
Fire Chief
Town Treasurer, Jack Jacobs, and Council Member, Cotton
Moore, were unable to attend due to other commitments.
Mayor Carter informed the staff and guests that Council
Member Moore is in Houston helping F.E.M.A. with the flood
devastation.
CALL TO ORDER
Mayor Carter called the meeting to order at 7:00 p.m., noting
a quorum was present. He then welcomed Council Members,
guests, and staff.
INVOCATION
An Invocation was given by Town Attorney, John Hill.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS
The pledge of allegiance to the American and Texas Flags was
led by Mayor Pro Tem Hill.
FIRE CHIEF, LOU OPIPARE, TO GIVE E.M.S. AND FIRE DEPARTMENT
MONTHLY ACTIVITY REPORTS.
Fire Chief Opipare reported that 28 calls had been made in
Page 2, Regular Town Council Meeting, December 6, 1994
the last month averaging 8 staff per call. Both departments
are on budget with no outstanding machinery repairs.
CONSENT AGENDA
As the Council Members did not want any items removed,
Mayor Pro Tem Hill made a motion to approve the consent
agenda. Council Member Glaspell seconded; motion passed
unanimously.
The approved item is as follows:
A. Minutes of the November 1, 1994 Regular Town
Council Meeting.
B. Financial reports ending October 31, 1994.
C. A resolution of the Town of Trophy Club, Texas
approving and adopting a mutual aid agreement
for police services by and between the Town and
the City of Argyle, Texas; authorizing the
Mayor to execute the agreement on behalf of the
Town; providing an effective date.
TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN OF TROPHY
CLUB, TEXAS ACCEPTING AND APPROVING A CONTRACT BETWEEN THE
TOWN AND TEAGUE, NALL AND PERKINS, INC. FOR ENGINEERING
SERVICES FOR STREET REPAIR AND CONSTRUCTION AS AUTHORIZED BY
THE 1994 BOND ELECTION FOR STREET REPAIRS; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE.
Although the Public Works Committee highly recommended
Teague, Nall and Perkins, Inc. for this contract, Mayor Pro
Tem Hill and Council Member Englebeck expressed concerns
about minimizing costs. Gary Teague explained that his costs
have been based on the standard 2.5 multiplier since the
business opened in 1976. His firm's normal costs include
employee salaries and benefits, sub -contractor hourly rates,
and an additional 10 per cent to cover liability insurance
for the sub -contractors. Mr. Teague suggested that the sub-
contractors could work directly for the Town, if they so
desired.
Former Public Works Committee coordinate, Pauline Shaw,
informed the Council that a comparison survey showed Teague,
Nall and Perkins, Inc. engineering fees to be very
reasonable.
Mayor Carter considered this a standard contract including
the normal supervisory, employee, and overhead costs. He
asked the Council and Staff to consider the positive past
experiences with this firm, and how solid its reputation is.
Town Attorney Hill added that this contract is in phases
over a two year time frame and can be terminated at any
phase.
Page 3, Regular Town Council Meeting, December 6, 1994
As no other discussion ensued, Council Member Engelbeck made
a motion to approve the contract to Teague, Nall and Perkins,
Inc. Council Member Patti Stoltz seconded; motion passed
unanimously.
TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN OF TROPHY
CLUB, TEXAS APPROVING AND ADOPTING AN AGREEMENT BY AND
BETWEEN THE TOWN AND BECK PROPERTIES, INC. FOR THE USE OF A
WATER LINE ALONG TROPHY CLUB DRIVE BY BECK PROPERTIES, INC.
FOR IRRIGATION PURPOSES; AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE TOWN; PROVIDING AN EFFECTIVE DATE.
Beck Properties, Inc. requested that this resolution be
tabled until the January meeting.
Mayor Pro Tem Hill then made a motion to move this agenda
item until next month's meeting. Council Member Glaspell
seconded; motion passed unanimously.
*PRESENTATIONS BY CITIZENS
No citizens gave presentations.
STAFF AND COMMITTEE REPORTS
Planning and Zoning Administrator, Pauline Shaw, reported
that the Planning and Zoning Board next meets in January.
She also explained the financial fees on the new building
starts report included the Town's for $ 750.00 and the
M.U.D.'S for $ 876.00. Because the M.U.D. can charge impact
fees, she is researching whether the Town is eligible to do
this also.
Bill LeGrand, Public Works Director, informed the Council the
Committee will conduct a workshop next week to start the
streets project.
PRESENTATIONS BY COUNCIL
Council Member Engelbeck thanked Town Manager Welsh for
responding to his additional questions regarding the
financial administration of the bond project and requested
they be attached to these minutes. He also reported that
citizens have complained about problems with the cable
company and frequent outages.
Mayor Pro Tem Hill added that citizens also complained about
the lack of access to a person to register service calls.
Messages left on voice mail are not being returned. He then
thanked Planning and Zoning Administrator Shaw and Public
Works Director Le Grand for their monthly department activity
reports.
Council Member Stoltz reminded everyone that the Town's tenth
birthday is next month and celebration pians are being made.
Page 4, Regular Town Council Meeting' December b, 1994
CLOSED SESSION: TOWN COUNCIL TO CONDUCT A CLOSED -DOOR
�ES8I[)N IN ACCORDANCE WITH CHAPTER 551, 8OVERNNIENT C0DE,
VERN()N`S TEXAS CODES, ANNOTATED (0PEIN MEET IN{�S L��}. SECTZUNS
551.072 REAL ESTATE, 551'074 PERS0NNEL, AND 551.076 SECURITY:
The Town Council adjourned into Closed Session at 7:29 p.m.
to discuss the possible purchase of property for the
construction of an extension of Trophy Wood Drive to a point
of intersection with T.W. King Road (The East Entrance).
Discussion was also held regarding the assignment and
reassignment of personnel (deployment of security personnel -
Emergency Medical Services)
REGULAR SESSION: TOWN COUNCIL TO RECONVENE INTO REGULAR
SESSION TO TAKE NECESSARY ACTION REGARDING ITEMS DISCUSSED IN
CLOSED SESSION.
The Council reconvened into regular session at 8:17 p.m.
Action regarding section A will be taken with the next agenda
item. No action was required of section B.
TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN OF TROPHY
CLUB, TEXAS, FINDING THAT A NECESSITY EXISTS TO ACQUIRE
RIGHT-OF-WAY FOR PUBLIC STREET (THE EXTENSION OF TROPHY WOOD
DRIVE TO POINT OF INTERSECTION WITH T.W. KING ROAD`' UTILITY,
AND ASSOCIATED MUNICIPAL PURPOSES, AND A TEMPORARY EASEMENT
FOR CONSTRUCTION PURPOSES, OVER, UNDER AND ACROSS THAT LAND
DESCRIBED HEREIN; AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF THE SAID
LAND FOR THE CONSTRUCTION OF RIGHT-OF-WAY FOR STREET AND
EASEMENT PURPOSES; PROVIDING FOR A FIN/\L OFFER; PROVIDING AN
EFFECTIVE DATE.
As no discussion ensued, Mayor Pro Tem Hill made a motion to
acquire the land for the East Entrance and authorize the Town
Attorney to begin eminent domain proceedings. Council Member
Engelbeck seconded, motion passed unanimously
ADJOURN
Mayor Pro Tem Hill made a motion to adjourn at 8:32 p.m. and
meet ogsxfn on January 17, 1985. Council Member GlaGpell
seconded; motion carried unanimously.
TOWN SECRETARY
November 20, 1994
Council Member Engelbeck
ill Forest Hill Drive
Trophy Club, Texas
Dear Marshall,
Thank you for your questions regarding the bond issue
project. I want the Council to be assured we are following
the guidelines; so I appreciate your interest. If after
reviewing these answers you have more concerns, please feel
free to call.
1.) When you indicate that the bond funds will be "monitored
separately"; does this mean you intend to segregate the
repair cost by individual contract or in the case of the
engineer by task?
When I stated the funds would be monitored separately I
meant the funds will be separately accounted for within
the financial reports. The funds will also appear in a
separate fund in the audit next year.
2.) What do you see is the role of the Public Works Committee
in relation to the Town's Project Manager, the
contractors and overall management of the repair project?
The bond issue for street repairs and maintenance is a
Public Works Committee project. Along with the engineer
and Public Works Director, they plan, organize and
recommend each project by means of an outline. After
being approved by the Council they will direct the staff
to go out for bids. The committee will then review bids
and make a recommendation to the Council. The Town's
Project Manager is the liaison between the committee and
the Council. The overall management of the street
projects will be monitored monthly by the committee and
the Town's Project Manager.
3.) Given the nature of the construction industry, what are
the rules the Town's Project Manager will follow
regarding substitution of materials and/or methods of
performance; adding work in compensation for work
deleted, etc.?
I have attached a copy of the Design Standards for
Paving, Drainage and Utility Improvements for the Town.
Materials and procedures are outlined in this document.
Any deviation from this would have to go through the
Public works Committee and be approved by the Council.
Any "change orders" in a project would follow the same
procedure.
Page 2,
4.) The type of fee arrangement cited in the proposed
contract for engineering services does not provide an
incentive for a contractor to minimize *out of pocket
cost". How do you plan to incentivize the engineering
services contractor to manage its' "out of pocket cost?"
As with contracts the Town has had in the past, the
engineer will give us an estimate for that particular
job. The staff will closely monitor these costs on a
monthly basis as we do with the attorney, etc.
5.) How do you plan to organize the repairs into manageable
size contracts given the personnel limitation of the
Town, the cost of engineering services and the needs to
maintain a relatively normal traffic control? Will this
hamper the town to realize cost advantages of large
contracts?
The Public Works Committee, the Public Works Director and
the engineer will determine the size of each project
taking into consideration the personnel available. As
with any street project, the police department is
notified and traffic flow is taken into consideration.
If the Committee determines the town can save money by
larger contracts, we will come to the Council and discuss
adjusting Mr. LeGrand's work arrangement with the Town.
6.) How do you plan to coordinate repair plans with the
developers?
The major developers are sent copies of our agendas and
are made aware of projects within the Town.
7.) How do you plan to keep the residents informed of
scheduled street repairs and status of how well you are
managing their tax money?
This year we will be sending out more newsletters because
of the growth and changes we are experiencing. We will
also use our Town newspaper and the Keller Citizen, to
notify residents of ongoing projects, etc.
Again thank you for your interest. If you have any
suggestions or comments to improve procedures, please give us
a call. Over the years we have managed the Town's funds very
meticulously. With this being our first bond issue we want to
get the best results for our residents.
Page 3,
LR sp ctfully Submitted,
6r'Welsh
Town Manager