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Minutes TC 03/17/2003 - Joint SessionMINUTES OF SPECIAL JOINT SESSION OF TOWN COUNCIL, PUBLIC WORKS COMMITTEE AND WAYS AND MEANS COMMITTEE MEETING FOR THE TOWN OF TROPHY CLUB MARCH 1.7, 2003 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, March 17, 2003. The meeting was held within the boundaries of the Town and was open to the public. JOINT SESSION - 6:00 P.M. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Roger Williams Mayor Pro Tem Beverly Foley Council Member Bill Matthai Council Member (arrived 7:30 p.m.) Susan Edstrom Council Member TOWN COUNCIL MEMBERS ABSENT: Scott Spence STAFF AND GUEST(S) PRESENT: Diane Cockrell Roger Unger Bill LeGrand Randy Briggs Robert De Los Santos Patricia Adams Tom Brown George Gearner Riley Mills John Navarre Dwight Morrow Neil Twomey Charles Jackson Tom Rutledge Gene Marter Gary Teague Klista Loomis Council Member Town Secretary Finance Director Public Works Director Community Development Manager Director of Police and Fire Services Attorney Public Works Committee Member (arrived 6:52 p.m.) Public Works Committee Member Public Works Committee Member (arrived 6:55 p.m.) Public Works Committee Member (arrived 6:52 p.m.) Ways & Means Committee Member Ways & Means Committee Member CMJ Engineering Teague, Nall and Perkins Cementitious Materials Specialist Teague, Nall and Perkins Public Relations/ Video Recorder CALL TO ORDER AND ANNOUNCE A QUORUM. • TOWN COUNCIL • PUBLIC WORKS COMMITTEE Called to order at 6:56 p.m. • WAYS AND MEANS COMMITTEE No quorum present. Mayor Smith called the Joint Session to order at 6:10 p.m. noting a quorum was present. Page 2 Regular Session March 17, 2003 TOWN COUNCIL TO CONDUCT A JOINT SESSION WITH THE PUBLIC WORKS COMMITTEE AND THE WAYS AND MEANS COMMITTEE TO DISCUSS THE FOLLOWING: A. REVIEW ON THE HISTORY OF BONDS TO BE PRESENTED BY DONNA WELSH, TOWN MANAGER. The first streets constructed in 1974 were portions of Indian Creek and Trophy Club Drive. The Town incorporated in 1985. Between 1985 and 1991, the only repairs done were as needed. In 1991, the Council had a visual street survey done to determine the extent of deterioration. In 1994, a bond program was initiated. It included preventative maintenance like crack and sealing. Reconstruction was done on Trophy Club Drive and Indian Creek and it also included miscellaneous repairs. In 1997, the Town Council initiated an in-depth study of the streets to evaluate pavement and sub grade. It was determined it would take approximately $17 million to rehab the streets. Between 1997 and 2000, it became clear that rapid deterioration was developing. In May 2000, the Town Council held a bond election to ask the residents to approve $6 million in bond funds. B. BEVERLY FOLEY, COUNCIL MEMBER, TO INTRODUCE GENE MARTER P.E., CEMENTITIOUS MATERIALS SPECIALIST, TO GIVE RECOMMENDATIONS REGARDING THE REVISED STREET SPECS, CURRENT STREET MAINTENANCE PROGRAM AND STREET RECONSTRUCTION. Gene Marter, Cementitious Materials Specialist, explained that he found 1997 Study to be very thorough, and he hated to say it, but he agreed with a lot of the findings. His presentation was designed to make sense to people that didn't know the difference between cement and concrete. He also stated the following: His perception of concrete is a little bit different than an engineering firm working with multiple disciplines (design, environmental issues) that he is not concerned with. Pavement distress was related to poor construction practices. The study identified what streets we could anticipate to give less and less performance as time goes on. They did an excellent job in locating areas of weak sub -grade (not uniform). The sub -grade is highly variable. The pavement distress photos show explicitly corner cracking, spawling, vertical displacement, and transverse cracks. The fact that it's cracked doesn't mean it has failed. He then reviewed the type of cracks that can occur and what they mean. The performance of any concrete pavement that is properly designed and constructed will perform. It must be on a uniform sub -base throughout the life of the pavement. Right now, at least on the pavement that's been studied, we know that the sub -grade is not uniform. Poor sub -grade or sub -base preparation cannot be overcome with thickness of concrete. In the future, the Contractor's responsibility should be defined. In the future, the emphasis should be on the specifications. Three crucial ingredients to quality concrete pavement construction are: 1) specifications that state explicitly how the project will be constructed, 2) the specifications should define what the contractors have to do to be in compliance with the specifications and 3) the owner (Trophy Club) should validate compliance (this is what I expect you to do, this is how much I will pay you for this, now you prove to me what I specified). Mr. Marter stated that in his opinion you should not reference standards such as: TXDOT and NCTCOG specifications. Standards and specifications should be included in a bid and adopt performance related specifications. Specifications should be enforced and he gave recommendations regarding the revised street specs, current street maintenance program and street reconstruction. C. BILL LEGRAND, PUBLIC WORKS DIRECTOR, TO INTRODUCE CHARLES JACKSON OF CMT ENGINEERING, MATERIAL SPECIALIST ENGINEER, TO GIVE A RECOMMENDATION IN REGARD TO FUTURE STREET RENOVATIONS. Charles Jackson with CMJ Engineering reported explanations of: concrete thickness, sub grade soil, concrete thickness and strength, sub grade soil, traffic analysis/pavement thickness calculations. Mr. Jackson provided his qualifications for proposed pavement sections being considered for Trophy Club streets. Mr. Jackson provided reasons the street will soon experience deterioration and functional failure. The recommendation contained in the written report submitted by CMJ Engineering is as follows: "It is the recommendation of CMJ Engineering, Inc. that the present program of complete removal and replacement of streets be of high priority. Although good maintenance performed in the past has extended the longevity of the streets, it is anticipated that considerably more vigorous maintenance Page 3 Regular Session March 17, 2003 will be required in the future for these streets and these maintenance costs could easily be out shadowed by complete reconstruction. Other concerns arise also about potential voids below the pavement. That void below the pavement at Boring IC -5 could potentially be quite serious and pose a safety-related problem. Other voids also are possible, but are not known at this time because the concrete is bridging over these voids due to its high strength, even though it is relatively thin. The exact cause of the void is not exactly known, however, in most instances, it is due to settlement of utility backfill material and/or the potential washing of open utility lines. Mr. LeGrand indicated that he was not aware of the any open utility lines in that vicinity based on camera work that he has recently been completed. The main items also that are accomplished in reconstruction is to provide an adequate subgrade stabilization for strength and providing drains along the edges of pavements where perched water or underground water problems might occur. The present original streets have an unstabilized subgrade; however, stabilization of the subgrade for new streets will increase the subgrade soil strength on the order of five fold and greatly reduce future problems with pavement pumping. Capturing excess water at this time of new construction will help remove the potential for water below grade from affecting not only the pavement subgrade soils by softening, but also reduce the potential for differential expansive soils. D. TOM RUTLEDGE, TOWN ENGINEER, TEAGUE NALL AND PERKINS, TO GIVE AN OVERVIEW OF THE HISTORY OF STREET REHABILITATION PROJECTS. Tom Rutledge with Teague, Nall and Perkins gave an overview of the six year street rehabilitation plan and history of street rehabilitation projects. E. ROGER UNGER, TOWN FINANCE DIRECTOR, TO GIVE A RECAP OF FINANCIALS IN REFERENCE TO STREET BONDS. Roger Unger gave a recap of the financials in reference to street bonds and recommended that the bond sale occur to fund as close as possible to the time when the current bond funds will be depleted. PUBLIC WORKS COMMITTEE TO MAKE A RECOMMENDATION TO MOVE FORWARD WITH THE ISSUANCE OF BONDS FOR PHASE II OF THE APPROVED BOND PROGRAM FOR STREET REHABILITATION. Riley Mills recommended that the Council move forward with the current program as scheduled. PUBLIC WORKS COMMITTEE TO MAKE A RECOMMENDATION TO PROCEED WITH THE PROTECTS OF THE YEAR 2001 BOND PROGRAM. Riley Mills of the Public Works Committee made a recommendation to proceed with the projects of the Year 2001 bond program. PUBLIC WORKS COMMITTEE AND WAYS AND MEANS COMMITTEE TO ADJOURN. Public Works Committee adjourned at 7:52 p.m., Ways and Means Committee did not have a quorum. Council took a break at 7:55 p.m. and resumed the meeting at 8:06 p.m. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Roger Williams Mayor Pro Tem Beverly Foley Council Member Bill Matthai Council Member Susan Edstrom Council Member TOWN COUNCIL MEMBERS ABSENT: Scott Spence Council Member Page 4 Regular Session March 17, 2003 STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Bill LeGrand Randy Briggs Robert De Los Santos Patricia Adams Diane Cockrell Roger Unger Bill LeGrand Randy Briggs Robert De Los Santos Patricia Adams Tom Brown George Gearner Riley Mills John Navarre Dwight Morrow Neil Twomey Charles Jackson Tom Rutledge Gene Marter Gary Teague Klista Loomis INVOCATION. Roger Unger gave the invocation. Town Manager Town Secretary Finance Director Public Works Director Community Development Manager Director of Police and Fire Services Attorney Town Secretary Finance Director Public Works Director Community Development Manager Director of Police and Fire Services Attorney Public Works Committee Member arrived 6:52 p.m. Public Works Committee Member Public Works Committee Member arrived 6:55 p.m. Public Works Committee Member arrived 6:52 p.m. Ways & Means Committee Member Ways & Means Committee Member CMJ Engineering Teague, Nall and Perkins Cementitious Materials Specialist Teague, Nall and Perkins Public Relations/ Video Recorder 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." Randy Briggs led the pledges. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE PUBLIC WORKS COMMITTEE'S RECOMMENDATION TO MOVE FORWARD WITH THE ISSUANCE OF BONDS FOR PHASE II OF THE APPROVED BOND PROGRAM FOR STREET REHABILITATION. Roger Unger will plan bond sales payments while building budget. A liaison from Ways and Means will attend the Public Works Committee meetings to bring back financial issues to Ways and Means Committee. Donna Welsh added that bid specs will be streamlined and in one document before the next street project is initiated. The video and audiotapes of this meeting will be held in records retention for five years. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING PROCEEDING WITH THE PROTECTS OF THE YEAR 2001 BOND PROGRAM. Mayor Pro Tem Williams moved to proceed with street construction as quickly as possible, before the project is put out for bid, the street specifications will be perfected. Council Member Edstrom seconded; motion carried unanimously. 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. Page 5 Regular Session March 17, 2003 TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE TREE BOARD. • Uschi Szpak Uschi Szpak was unable to attend the Council meeting due to a personal conflict in schedule. TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE FRIENDS OF THE LIBRARY COMMITTEE. • Mary Ellen Rodriquez Mary Ellen Rodriquez was not in attendance. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING A CITIZEN TO ONE (1) SEAT ON THE TREE BOARD FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. No action taken. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE CITIZEN TO ONE (1) SEAT ON THE FRIENDS OF THE LIBRARY COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. No action taken. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REGULATING THE DEVELOPMENT OF OIL AND GAS WELLS WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB; PRESCRIBING DEFINITIONS; AUTHORIZING THE TOWN ENGINEER TO OVERSEE ENFORCEMENT; REQUIRING PERMITS; PRESCRIBING APPLICATION CONTENTS; AUTHORIZING THE TOWN ENGINEER OR HIS DESIGNEE TO REVIEW AND REPORT ON ALL APPLICATIONS; PROVIDING FOR PROCESSING OF PERMIT APPLICATIONS; PROVIDING LOCATION REGULATIONS; PRESCRIBING CRITERIA FOR THE ISSUANCE OF A PERMIT; REQUIRING A SECURITY INSTRUMENT; REQUIRING INSURANCE; PRESCRIBING PERMIT REGULATIONS; PROVIDING FOR PERMIT SUSPENSION AND REVOCATION; PROVIDING FOR SUPPLEMENTAL PERMITS REQUIRED FOR DEEP DRILLING; PROVIDING REGULATIONS FOR THE USE OF STREETS AND ALLEYS; PRESCRIBING ON-SITE REQUIREMENTS; PRESCRIBING STANDARDS FOR OPERATIONS AND EQUIPMENT, PRACTICES AND STANDARDS; PRESCRIBING REQUIREMENTS FOR STORAGE TANKS AND SEPARATORS; REQUIRING IDENTIFICATION OF FLOW LINES AND GATHERING LINES; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF $2,000.00 FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OF THIS ORDINANCE OCCURS OR CONTINUES AND PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Patricia Adams explained that there was a revision in Paragraph E handed out to Council regarding the indemnity provision. Ms. Adams recommended Council to adopt the Ordinance tonight in order to have an updated Ordinance on the books and to send the Ordinance to Planning and Zoning for review. Mayor Pro Tem Williams moved to approve the Ordinance as written with recommended amendments and forward to Planning and Zoning, Council Member Edstrom seconded: motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON THE US ARMY CORPS OF ENGINEERS MARSHALL CREEK PARK LONG TERM LEASE AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS. Page 6 Regular Session March 17, 2003 Randy Briggs explained that the proposed lease was approved by the US Army Corps of Engineer except for the future loop road proposal, that project was not approved. The lease if approved would be for twenty-five years to end on September 30, 2027. Council Member Matthai moved to approve the US Army Corps of Engineers Marshall Creek Park Long - Term Lease and authorizing the Mayor to execute all documents as written, Council Member Edstrom seconded: motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE PARKS AND RECREATION COMMITTEE RECOMMENDATION ON THE ANNUAL PASS FOR MARSHALL CREEK PARK. Randy Briggs explained that the Parks & Recreation Committee agreed to recommend an annual pass for $100 a year. If the annual pass is initiated mid year, the charge for the pass would be prorated. Mayor Pro Tem Williams moved to charge $75 for an annual pass prorated and to give residents and employees of the Town of Trophy Club a pass for $50 prorated as of April 1. Council Member Matthai seconded, motion carried unanimously. DISCUSS AND TAKE APPROPRIATE ACTION TO UPSIZE THE MARSHALL CREEK WATER LINE TO SERVE FUTURE DEVELOPMENT OF MARSHALL CREEK PARK. Roger Unger explained that the Corp is in the process of planning the installation of a 4 -inch water line off of Clear Vista. Grapevine Opry is having to plant trees in mitigation for cement placement at their construction site. Bill LeGrand recommended that the Council agree to use the money collected at the park for joint use to install a water line that would be useful for fire fighting, camping, etc. on the Corp property. Roger Unger asked that this be tabled until staff can address this issue and come back to the Council. Mayor Pro Tem Williams moved to table this agenda item until staff is able to address the issue and update the Council. Council Member Edstrom seconded, motion carried unanimously. 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. Mayor Pro Tem Williams removed Item A for discussion. A. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING APRIL 21-27 AS TV -TURNOFF WEEK IN TROPHY CLUB TO COINCIDE WITH THE TV -TURNOFF WEEK 2003. B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE PARTICIPATION BY THE TOWN IN AN INTERLOCAL AGREEMENT TO PROVIDE MUTUAL AID FOR DISASTER ASSISTANCE; PROVIDING AN EFFECTIVE DATE. C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE ABOLITION OF THE LOCAL OPTION ELECTION COMMITTEE; COMMENDING THE COMMITTEE FOR ITS SERVICE TO THE TOWN; AND PROVIDING AN EFFECTIVE DATE. D. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION TO SPEND COURT TECHNOLOGY FUNDS FOR A TV/VCR PLAYER AND CART TO BE USED IN TRIAL COURT; WILL BE DEDICATED TO THIS BUILDING AND WILL BE AVAILABLE FOR USE AT TOWN/MUD MEETINGS. E. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF THE REGULAR SESSION MINUTES DATED MARCH 3, 2003. Page 7 Regular Session March 17, 2003 Council Member Edstrom moved to approve the Consent Agenda Items B and E. Council Member Matthai seconded the motion; motion carried unanimously. Council Member Edstrom moved to approve Item A. Council Member Foley seconded the motion; motion carried 3-1 with Council Members Foley, Matthai and Edstrom voting for and Mayor Pro Tem Williams voting against. COUNCIL/STAFF REPORTS. Council and staff reports were given. ADJOURN. Mayor Pro Tem Williams moved to adjourn at 9:55 p.m. carried unanimously. j Mayor, ATTEST: ✓ Town Secretary, A own of Trophy Club, Texas cil Member Foley seconded; motion Trophy Club, Texas