Agenda Packet TC 08/29/2005Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, August 29, 2005
6:30 P.M.
A.1 Town Council to attend a reception in honor of Dr. Karen Rue.
A.2 Presentation by Dr. Karen Rue, superintendent of Northwest, regarding information about
the October 1st Bond Election for $224.5 million and other information about the
District.
A.3 Call to order and announce a quorum.
A.4 Invocation.
A.5 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."
B.1 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.
C.1 Town Council to conduct a Public Hearing regarding the budget and proposed tax rate
increase for fiscal year October 1, 2005 to September 30, 2006.
D.1 Discuss and take appropriate action regarding a Resolution approving a lease agreement
with Nextel Communications to allow the location of a flagpole structure with cellular
antennas located inside the flagpole and a corresponding equipment building at the
northwest corner of Trophy Lake Drive and Highway 114.
D.2 Discuss and take appropriate action regarding a Trust Agreement that is required in order
to allow a tax exemption for Town employee insurance premiums as authorized by the
Texas Insurance Code.
D.3 Items for Future Agenda.
Council and/or Staff has requested the items listed be considered at a future Council meeting.
Council and Staff will have the opportunity during this session to update this list. 1. Long term capital project list, projected fiscal impact and surveys for resident input on
potential projects.
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2. Discussion and appropriate action for Parks and Recreation future plans of Marshall
Creek.
3. Discussion and appropriate action regarding the restrictions for motorized scooters.
(Ordinance 2004-17).
4. Discussion and appropriate action regarding the status of street repairs and bonds,
including recommendation.
D.4 Budget Workshop: Town Council to review and discuss the 2005/06 operating and
capital budgets.
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.087 (2)
"Deliberation Regarding Economic Development Negotiations" and Section 551.071 (b)
"Consultation with Attorney", the Council will enter into executive session to discuss the
following: (A) To discuss or deliberate the offer of financial or other incentives to a business prospect
that the Town seeks to have locate within the territory of the Town pursuant to Section
551.087 (2) of the Texas Open Meetings Act and For Consultation with the Town
Attorney on a matter in which the duty of the Attorney to the Governmental Body under
the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict
with the Open Meetings Act (551.071 (b)). (1) Financial and other incentives for the proposed D.R. Horton/Beck Properties mixed use
development and legal advice regarding the proposed development, potential incentives
and contractual agreements, and related matters.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.A.1
Town Council to attend a reception in honor of Dr. Karen Rue.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.A.2
Presentation by Dr. Karen Rue, superintendent of Northwest, regarding
information about the October 1st Bond Election for $224.5 million and other
information about the District.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.A.3
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.A.4
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.A.5
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."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.B.1
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.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.C.1
Town Council to conduct a Public Hearing regarding the budget and proposed tax
rate increase for fiscal year October 1, 2005 to September 30, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding a Resolution approving a lease
agreement with Nextel Communications to allow the location of a flagpole structure
with cellular antennas located inside the flagpole and a corresponding equipment
building at the northwest corner of Trophy Lake Drive and Highway 114.
EXPLANATION:
The proposed Agreement with Nextel would be in place for a period of 30 years. The initial
term is for five years, and the agreement allows Nextel to renew the lease for five additional
terms of five years each. The Town would receive $2500 monthly, beginning the earlier of six
months after the signing of the agreement or upon Nextel beginning to operate facilities on the
property. A site plan is attached to the agreement showing the proposed location and layout for
the facility. The antennas would be housed within the flagpole structure, and the Town would be
responsible for maintaining the flags.
Location of the antenna facility at that site would improve the efficiency and effective operation
of the public safety communications systems utilized by the Town’s Department of Public
Safety. The Town uses Nextel communication systems for cellular and radio communications.
Nextel’s dual band capabilities serve as one of several key communication components used the
Town’s emergency preparedness plan.
Notices have been sent to the residents adjoining and approximately 500 feet from the proposed
site. A copy of the letter and a list of the residents to whom it was sent are attached.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Information Memorandum
2. Resolution
3. Contract
4. Site Plan
5. Resident Letter & Notification List
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2005- ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, AUTHORIZING AND APPROVING THE TERMS AND
CONDITIONS OF A COMMUNICATIONS SITE LEASE AGREEMENT BY
AND BETWEEN THE TOWN OF TROPHY CLUB AND NEXTEL OF
TEXAS, INC., A TEXAS CORPORATION, D/B/A NEXTEL
COMMUNICATIONS PROVIDING TERMS AND CONDITIONS FOR THE
USE OF THE PREMISES IDENTIFIED AS 901 TROPHY LAKE DRIVE FOR
THE PURPOSE OF IMPROVING COMMUNICATIONS CAPABILITIES
WITHIN THE TOWN; AUTHORIZIING ITS EXECUTON BY THE MAYOR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club is a Home Rule
municipality created under the Constitution of the State of Texas; and
WHEREAS, the Town of Trophy Club is a sovereign governmental entity with
ownership and control of a certain parcel of land more commonly identified as 901 Trophy Lake
Drive (hereinafter “Premises”); and
WHEREAS, as a property owner and sovereignty, the Town of Trophy Club has the
right, duty, and obligation to act as a good steward of public property and to perform
governmental functions which promote the health, safety and welfare of the public and protect
the interests of all residents within the Town; and
WHEREAS, the Town Council of the Town of Trophy Club recognizes that the health,
safety, and welfare of all Town residents, including the residents in the Village West, Section
“A” subdivision, are served by efficient and effective operation of communications systems; and
WHEREAS, the Town Council recognizes that this goal would be furthered by the
Town’s participation in a Communications Site Lease Agreement by and between the Town of
Trophy Club and Nextel of Texas, Inc., a Texas corporation, d/b/a Nextel Communications
(hereinafter “Agreement”) for the location of a stealth antenna facility on the Premises; and
WHEREAS, the Town finds it serves a governmental purpose and promotes the best
interests of all residents of Trophy Club to enter into the Agreement; and
WHEREAS, the Town Council has been presented a proposed Agreement providing
terms and conditions for use of the Premises, a substantial copy of which is attached hereto as
Exhibit “A” and incorporated herein; and
WHEREAS, upon full review and consideration of the Agreement, and all matters
attendant and related thereto, the Town Council is of the opinion that the terms and conditions
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thereof should be approved, and that the Mayor should be authorized to execute it on behalf of
the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct and are
hereby affirmed and adopted as findings by the Town Council of the Town of Trophy
Club.
Section 2. The Town Council hereby approves the terms of the Communications
Site Lease Agreement by and between the Town of Trophy Club and Nextel of Texas, Inc.,
a Texas corporation, d/b/a Nextel Communications, attached hereto and incorporated
herein as Exhibit “A”.
Section 3. The Mayor is hereby authorized to execute the Agreement and all other
documents in connection therewith on behalf of the Town, substantially according to the terms
and conditions set forth in the Agreement.
Section 4. This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED this the 29th day of August, 2005.
____________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
___________________________
Town Attorney
Town of Trophy Club, Texas
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August 17, 2005
Re: Nextel Communications Tower
The Trophy Club Town Council will review a contract between the Town and Nextel
Communications for the placement of a Wireless Communications Tower enclosed within a 90-
foot flagpole and related structure on Town property generally located at the northwest corner of
Trophy Lake Drive and State Highway 114.
In an effort to provide nearby residents and property owners with information regarding this
matter, enclosed you will find a picture of the proposed flagpole, which will be the same size as
the one at the Trophy Club Drive entrance, as well as a schematic drawing. The adjacent
equipment structure will be brick and surrounded by landscaping to make it aesthetically
appealing.
This facility will not only give us a flagpole at our Town’s west entrance, it will provide much
needed enhancement to our Town’s emergency communication structure and generate lease
revenue for the Town.
The Town Council will review this item at their August 29th meeting at 7:00 pm in the Svore
Municipal Building. If you have questions or require additional information, please contact me
at 682.831.4607.
Sincerely,
Donna Welsh
Town Manager
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Nextel Communications Tower Property Owner Notification Range
Property Owners
Lot 948 Lot 949 Lot 950
GALE L JR & KERI ANNE WALL
1 SHASTA DRIVE
TROPHY CLUB, TX 76262
JOSEPH A HILL
3 SHASTA DRIVE
TROPHY CLUB, TX 76262
DENNIS R LUERS
1419 THISTLEWOOD LANE
GRAPEVINE, TX 76051-4989
(5 SHASTA DRIVE)
Lot 951 Lot 952 Lot 827
EASY INV ENT LTD P/S
2013 FAIRWAY BEND DRIVE
HASLET, TX 76052-2805
(7 SHASTA DRIVE)
TERRY CHALER
9 SHASTA DRIVE
TROPHY CLUB, TX 76262
JAMES R & HOPE E WILLINGHAM
10 LLANO DRIVE
TROPHY CLUB, TX 76262
Lot 828 Lot 829 Lot 813
PATRICIA PULFORD
6 SHASTA DRIVE
TROPHY CLUB, TX 76262
ERIC G RANSLEBEN
8 SHASTA DRIVE
TROPHY CLUB, TX 76262
WILLIAM D & CHERYL O MOORE
6 ROUND ROCK COURT
TROPHY CLUB, TX 76262
Lot 814 Lot 815 Lot 816
JAMES & KATHERINE
WILKINSON
4 ROUND ROCK COURT
TROPHY CLUB, TX 76262
JOHN P CARTER
2 ROUND ROCK COURT
TROPHY CLUB, TX 76262
DANIEL A RECKMEYER
5 TIMBERLINE COURT
TROPHY CLUB, TX 76262
(4 SHASTA DRIVE)
Lot 817
JOHN E LEWIS
414 N CENTRAL AVENUE
RICHLAND CTR, WI 53581-1803
(2 SHASTA DRIVE)
Renters
Lot 950 Lot 951 Lot 816
KEVIN AND TRUDY POTTS
5 SHASTA DRIVE
TROPHY CLUB, TX 76262
KRISTI INGRAM
7 SHASTA DRIVE
TROPHY CLUB, TX 76262
DON FERONTI
4 SHASTA DRIVE
TROPHY CLUB, TX 76262
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding a Trust Agreement that is required
in order to allow a tax exemption for Town employee insurance premiums as
authorized by the Texas Insurance Code.
EXPLANATION:
This Trust Agreement will allow exempt the municipalities from being charged
premium tax on our health insurance premiums, as authorized by the Texas
Insurance Code.
The new rates go into affect on October 1st, in order for United Health Care to
submit the Trust to the State in a timely manner and reduce our premiums
accordingly; this could not wait until the regular scheduled meeting on September
19th
RECOMMENDATION:
ACTION BY COUNCIL:
(lr)
Attachments: 1. Trust
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.D.3
Items for Future Agenda.
Council and/or Staff has requested the items listed be considered at a future Council
meeting. Council and Staff will have the opportunity during this session to update
this list.
EXPLANATION:
RECOMMENDATION:
1. Long term capital project list, projected fiscal impact and surveys for resident
input on potential projects.
2. Discussion and appropriate action for Parks and Recreation future plans of
Marshall Creek.
3. Discussion and appropriate action regarding the restrictions for motorized
scooters. (Ordinance 2004-17).
4. Discussion and appropriate action regarding the status of street repairs and
bonds, including recommendation.
ACTION BY COUNCIL:
(lr)
Attachments: 1. None
46
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.D.4
Budget Workshop: Town Council to review and discuss the 2005/06 operating and
capital budgets.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
47
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.E.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.087
(2) "Deliberation Regarding Economic Development Negotiations" and Section
551.071 (b) "Consultation with Attorney", the Council will enter into executive
session to discuss the following:
(A) To discuss or deliberate the offer of financial or other incentives to a business
prospect that the Town seeks to have locate within the territory of the Town
pursuant to Section 551.087 (2) of the Texas Open Meetings Act and For
Consultation with the Town Attorney on a matter in which the duty of the Attorney
to the Governmental Body under the Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (b)).
(1) Financial and other incentives for the proposed D.R. Horton/Beck Properties
mixed use development and legal advice regarding the proposed development,
potential incentives and contractual agreements, and related matters.
(lr)
48
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 8-29-2005
Subject: Agenda Item No.F.1
Adjourn.
(lr)
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