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Minutes TC 11/04/2002NOTICE OF TOWN COUNCIL WORKSHOP AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB NOVEMBER 4, 2002 LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, November 4, 2002. The meeting was held within the boundaries of the Town and was open to the public. WORKSHOP SESSION — 6:00 P.M. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Roger Williams Beverly Foley Bill Matthai Scott Spence Susan Edstrom STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Bill LeGrand Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Finance Director Public Works Director CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the workshop to order at 6:05 p.m. GOWN COUNCIL TO DISCUSS THE FOLLOWING ITEMS: a. CONSULTING AGREEMENT FOR CONCRETE INSPECTIONS. oe Kurtz (former Public Works Committee member) addressed the Council regarding street construction. Tom Zutledge with Teague, Nall and Perkins stated that they have the Town standards from 1990 showing the Town specifications at 3000 pounds per square inch; street reconstruction has been upgraded from those specifications. 3ill LeGrand gave a background on the construction on Parkview Drive and the school districts deadline to :omplete the construction of the street before school started in August. Mel Noak (Engineer, resident) and Jim ✓loss (resident) addressed the Council regarding the quality of street construction. b. SECOND OPINION FOR STREET RECONSTRUCTION. Jot discussed in workshop. C. SPECIFICATIONS FOR STREET CONSTRUCTION. lot discussed in workshop. ,DJOURN WORKSHOP SESSION. ✓layor Smith adjourned the workshop at 7:05 p.m. REGULAR SESSION — 7:00 P.M. Page 2 Regular Session November 4, 2002 TOWN COUNCIL MEMBERS PRESENT: Scott Smith Roger Williams Beverly Foley Bill Matthai Scott Spence Susan Edstrom STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Bill LeGrand Patricia Adams Randy Briggs Robert De Los Santos Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Finance Director Public Works Director Town Attorney Community Development Manager Chief CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the regular session to order at 7:19 p.m. noting a quorum was present. INVOCATION. Gary Tomlin gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG. PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG. "Honor the Texas flag; I pledge allegiance to thee, Texas one and indivisible." Council Member Spence led the pledges. CITIZEN PRESENTATIONS: THIS IS AN OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ANY MATTER WHETHER OR NOT IT IS POSTED ON THE AGENDA. THE COUNCIL IS NOT PERMITTED TO TAKE ACTION ON OR DISCUSS ANY PRESENTATIONS MADE TO THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATIONS ON SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS. No presentations. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE (1) CITIZEN TO THE PUBLIC RELATIONS COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. a. Alice Walsh Council Member Edstrom made a motion to approve the Resolution; Council Member Spence seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING NOMINATION OF ONE (1) CITIZEN TO THE DENTON CENTRAL APPRAISAL REVIEW BOARD FOR A TWO- YEAR TERM. a. F. Patrick Carr Mayor Pro Tem Member Williams made a motion to approve the nomination; Council Member Matthai seconded; motion carried unanimously. Page 3 Regular Session November 4, 2002 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE (1) SEAT ON THE PUBLIC WORKS COMMITTEE FOR A ONE-YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. a. Barry Huizenga Council Member Edstrom made a motion to approve the Resolution as written; Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE AWARD OF THE CONTRACT FOR THE CONSTRUCTION MANAGER AT RISK TO STEELE & FREEMAN, INC. FOR CONSTRUCTION OF A COMMUNITY POOL, BATH HOUSE AND CONCESSION STAND; APPROVING A SUBSTANTIAL COPY OF THE CONTRACT; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE THE CONTRACT ALL NECESSARY DOCUMENTS. The Manager -at -Risk contract submissions were ranked and the top four companies were sent a Request for Proposal; fees varied from $132,000 to $160,000. The companies were interviewed and ranked. The company with the highest ranking was Steele -Freeman. Patricia Adams supplied the contract for the Council's review. Roger Unger described the contract in the amount of $140,000 with Steele -Freeman. Patricia Adams explained her amendments to the contract and asked that the following changes be considered: 1) The Town Manager, Donna Welsh, or her designee, will oversee the project. 2) There was a construction change order issued in the amount of $5,000 to be utilized at the staffs' discretion. 3) Section 8.3.1 requires liquidated damages in the amount of $1,000 a day. Council Member Edstrom made a motion to approve the contract with noted changes; Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2002-15, WHICH AMENDED ORDINANCE NO. 97-24, BY EXTENDING THE TERM OF THE CABLE FRANCHISE AUTHORIZED BY ORDINANCE 87-11, WHICH INITIALLY GRANTED A CABLE TELEVISION FRANCHISE WITHIN THE TOWN; PROVIDING FOR AN EXTENSION TO THE TERM OF THE FRANCHISE AGREEMENT BETWEEN MARCUS CABLE ASSOCIATES, L.L.C., DB/A/ CHARTER COMMUNICATIONS, AND THE TOWN, PROVIDING FOR ACCEPTANCE OF THE EXTENSION BY MARCUS CABLE ASSOCIATES, L.L.C., DB/A/ CHARTER COMMUNICATIONS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Donna Welsh explained that the Utility Franchise Coimnittee has been negotiating with Charter Communications and there should be an agreement to be reviewed by the Council at the December meeting. Council Member Edstrom made a motion to approve the Ordinance as written; Mayor Pro Tem Williams seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION DIRECTING THE STAFF TO SEEK REQUEST FOR QUALIFICATIONS FOR THE FOLLOWING SERVICES: a. CONSULTING AGREEMENT FOR CONCRETE INSPECTIONS. b. SECOND OPINION FOR STREET RECONSTRUCTION. C. SPECIFICATIONS FOR STREET CONSTRUCTION. Teague, Nall and Perkins is working with Bill LeGrand to upgrade the specifications for new street construction. Mayor Pro Tem Williams moved to direct staff to go out for Requests for Qualifications for inspection services on road projects that exceed $200,000. In the interim the Town will contract with Teague, Nall and Perkins for inspections. Council Member Edstrom seconded; motion carried unanimously. Council Member Edstrom moved to direct Public Works to provide additional information to the detail given by Teague, Nall and Perkins. The new information will include the number of inspections by the town and by Teague, Nall and Perkins for recent repairs. Public Works will get back to the Council in January or February Page 4 Regular Session November 4, 2002 with an updated street plan list for rehabilitation and justification for changes if something is moved up on the priority list; Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE THE APPROPRIATE ACTION REGARDING THE ASSIGNMENT OF A CONTRACT FOR MOWING SERVICES BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND JASPER HAYES COMPANY FROM JASPER HAYES COMPANY TO GREENWORKS LANDSCAPING INC. FOR THE REMAINDER OF THE TERM OF THE CONTRACT; AUTHORIZING THE TOWN ATTORNEY TO PREPARE DOCUMENTS NECESSARY TO EFFECTUATE THE ASSIGNMENT AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE SUCH DOCUMENTS. Donna Welsh explained that Jasper Hayes is planning to retire in the near future. If Jasper terminates the contract, Rusty Christian, owner of Greenworks Landscaping, would like to secure the remainder of the landscaping contract. There is a 30 -day termination clause. Council Member Edstrom moved to approve the new contract; Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING COUNCIL ALLOCATING $881.94 FROM THE CONTINGENCY LINE FOR RENTAL OF A STORAGE FACILITY. Donna Welsh requested that this item be withdrawn from the agenda. CONSENT AGENDA: ALL MATTERS LISTED UNDER CONSENT AGENDA ITEM ARE CONSIDERED TO BE ROUTINE BY THE TOWN COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL NOT BE A SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. A. WORKSHOP/REGULAR SESSION MINUTES DATED OCTOBER 21, 2002. B. FINANCIALS DATED SEPTEMBER 30, 2002 Council Member Foley moved to approve the Consent Agenda. Mayor Pro Tem Williams seconded the motion; motion carried unanimously. COUNCIL/STAFF REPORTS. Reports given. ADJOURN. Council Member Williams moved to adjourn at 8:57 p.m. Council unanimously. ATTEST: Town Secretary, Town Trophy Club, Texas Member Edstrom seconded; motion carried Mayor,--T-own/-4 Trophy Club, Texas