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