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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. 1 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. 2 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 3 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 4 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. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 8-29-2005 Subject: Agenda Item No.A.4 Invocation. 6 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." 7 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. 8 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: 9 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 10 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 11 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 38 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 39 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 40 41 42 43 44 45 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) 49