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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