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Minutes TC 07/24/2006 - Budget WorkshopMINUTES OF A BUDGET WORKSHOPJREGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, July 24,2006 6:00 P.M. STATE OF TEXAS 0 COUNTY OF DENTON 0 The Town Council of the Town of Trophy Club, Texas, met in a Budget WorkshopRegular Session on Monday, July 24, 2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Pam Cates Susan Edstrom Gregory Lamont Philip Sterling Mayor Council Member Council Member Council Member Council Member TOWN COUNCIL MEMBERS ABSENT: Roger Williams Mayor Pro Tem STAFF AND GUEST(S) PRESENT: Brandon Emmons Roger Unger Lisa Ramsey Patricia Adams Beth Ann Gregory Adam Adams Tom Shehan Danny Thomas Mike Pastor Kerin Fleck Town Manager Finance Director/Assistant Town Manager Town Secretary Town Attorney Community Development Director Parks and Recreation Director Interim Police Chief Acting Fire Chief IS Manager Planning Coordinator A.l Mayor Sanders called the Regular Session to order at 6:08 p.m. noting a quorum was present. A.2 Brandon Emmons gave the invocation. A.3 Council member Cates led the pledges. TOWN COUNCIL CONVENED INTO A BUDGET WORKSHOP AT 6:10 P.M. *BUDGET WORKSHOP A.4 Budget Workshop Discuss the Fiscal Year 2006-07 Proposed Budget. The budget was reviewed department by department. Brandon Emmons explained the logic behind the increase of Revenues is due to franchise fees, court and public safety, waste service, permit and building fees. Currently, there is an estimated increase of revenue in electric and gas of about 53,000, an increase of 14,000 in waste service franchise, an increase of 85,000 in permit and building and an increase of 81,100 in storm fees. Merits raises were removed from the presented budget and a salary line was added with the intent to allow for a true merit system. The salary lines for the addition of the new Police and Fire Chiefs were adjusted. Roger Unger pointed out that the projections were updated to June 30 with the biggest change to the permit line. At this point staff will not continue to update the projections, but will continue to monitor and report on any items that may not make it. Roger Unger commented that the current valuation is based on 680 million, but believes that 670 is more attainable. Unger stated that both MUDs have stated their intent to lower the tax rate and the School District lowered their taxes as well. Sakura Dedrick mentioned the $17,000 adjustment to cell phones; $10,000 was adjusted for the Town and $7,000 for the MUDs. Council member Lamont questioned the $5,000.00 affluent water irrigation budgeted under Parks and Recreation asking if we should raise this amount or verify that the transition could be completed. Mayor Sanders called a three minute break. TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 7:20 P.M. *REGULAR SESSION B.l 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. Scott Voigt - 540 Timber Ridge Drive addressed Council stating that by eliminating the Captain's positions in both the Police and Fire Department will only add to the shortage of staff and feels that the departments are loosing ground. B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: Trophy Club Women's Club, Resident Green Books are now sale at the Town Offices Trophv Club Support of Troops -Thanks to everyone who contributed to our American Supporting Americans program at the 4th of July event. .We raised $4llwhich will go to pay postage for shipping 86 packages to our troop in August. We have the funds needed for postage, but we are short on donations of items. You can bring your donated items by the town offices. Development -The Town was recently informed that the contract between Beck Properties and Horton Development has expired. At this time, it does not appear that D.R. Horton Development will be developing the tract of land for which zoning was recently approved. Zoning attaches itself to property and not the party requesting the zoning change. Any new party involved in developing this land will be required to comply with all stipulations found in Planned Development 27 (PD-27). The Town's stance regarding negotiations between two private entities have no bearing on business of the Town. From a planning perspective, the Town is preparing for several different scenarios to insure that all issues can be dealt with accordingly. It has come to the attention that Centurion American is negotiating with Beck Properties regarding the development of the proposed site. We will release information as it becomes available. Community Development: Streets and Infrastructure Traffic Calming - Striping has begun on Indian Creek and is expected to be completed this week. Signage will be installed after the entire route is marked. Crosswalks - The crosswalks will be re-striped, beginning the week of July 31st in preparation for the beginning of school on August 10th. Highway 114 Extension - State Comptroller Carol Keeton-Strayhorn's office contacted the Town last week regarding local transportation projects and the Highway 114 extension was listed as Trophy Club's highest priority. In a speech to the Metroport Chamber of Commerce and in an interview with the Star Telegram last Wednesday, Ms. Keeton-Strayhorn supported this project. Parks and Recreation: The community pool will be open weekday evenings from 5 until 8 beginning August 7. Police and Fire Services: Police Services On Saturday, August 12, the Police Department will participate with the Trophy Club Country Club in hosting a "Child Safety Day" at their facility. The Police Department has chosen to join the country club in this worthwhile event in lieu of police sponsored National Night Out activities. The "Child Safety Day" does not involve direct funding from the Town. The following infor.mation/activities are planned: Food, Drinks and various children's activities Bounce House Bicycle SafetyIMini-rodeo Child Identity Kits Gun Safety Locks Fatal Vision Goggles Home Alone Personal Kits Property Identification Information Home Inspection Information TOWN COUNCIL CONVENED INTO PUBLIC HEARING AT 7:26 P.M. PUBLIC HEARING C. 1 Public Hearing: Consider a request for zone change from R-12 Single Family Residential to CR - Commercial Recreation for an approximate 4.038 acre tract of land located generally to the East and the South of the Municipal Utility District Wastewater Treatment Plant Facility, and being part of the Mary Medlin Survey, A-832, Applicant: Beck Properties. (ZCA-06- 010) Kerin Fleck explained that the request is for zone change of an approximate 4.038-acre tract of land located generally to the South and Southeast of the Southwestern portion of the Municipal Utility District Wastewater Treatment Plant Facility. The property is currently zoned R-12 Single Family Residential and abuts the Treatment Plan on the plant's southern boundary, and abuts the golf course to the south. Beck Properties received a zone change on the 1.751-acre tract of land east of the Wastewater Treatment Plant back in March of this year. Since that time, they have opted to add additional acreage so that the entire tract will abut the golf course property. TOWN COUNCIL TO RECONVENED INTO REGULAR SESSION 7:29 P.M. "REGULAR SESSION D.l Discuss and take appropriate action relative to a request for zone change from R-12 Single Family Residential to CR - Commercial Recreation for an approximate 4.038 acre tract of land located generally to the East and to the South of the Municipal Utility District Wastewater Treatment Plant Facility, and being part of the Mary Medlin Survey, A- 832, Applicant: Beck Properties. (ZCA-06-0 10) Motion made by Council member Edstrom, seconded by Council member Lamont to approve an Ordinance granting the zone change. Council member Cates questioned the need for extra land. Kerin Fleck stated that this was promised in the original agreement with Club Corp. Council member Lamont questioned if any of the future home sites would be able to see this building. Kerin Fleck responded that the future home site is Eagles Ridge Phase 3, however this area is heavily wooded. Council member Sterling confirmed that the current zoning is residential, and asked for examples of allowable buildings under CR in the Zoning Ordinance. Kerin Fleck provided the following examples; golf course, swimming pool, gyms, municipal / public safety building, utility facilities. Council member Sterling feels that this is a lot of land for just this purpose. Roger Unger added that there are a lot of restrictions; a flowage easement, a road easement, making most of this land unusable, therefore building a maintenance structure is going to be very limited especially due to the irregular shaped land left over. Kerin Fleck answered Council member Edstrom's question that P & Z Commissioner Stamos opposed this zone change as the applicant was not present at their meeting. Motion made by Council member Edstrom, seconded by Council member Lamont to refer until the August 7th meeting. The Council would like the applicant and, or a representative from the Country Club to be present or to submit a statement as well as a larger image of this plat. Motion to refer passed 3;l; with Council members Lamont, Cates and Edstrom voting for and Council member Sterling voting against. D.2 Discuss and take appropriate action regarding the termination of a service agreement for medical billing and data services with Texas Medical Data Services and the approval of a new agreement with Intermedix, Inc. for those services, and authorizing the Mayor to execute all necessary documents. Motion made by Council member Edstrom, seconded by Council member Lamont to approve the service agreement with Intermedix, Inc. with direction to staff to proceed with the termination notice to Texas Medical Data Services per their contract. Brandon Emmons commented that several revisions to the agreement were made since the packet was generated and provided an updated copy to Council. Emmons continued that the purpose of this item is to receive approval to give notice of termination to Texas Medical Data Services and to approve the agreement to Intermedix. The current contract does not provide adequate quality assurance to the Fire Department. This would allow improved service, and increase the fee from 5 to 8%. Additionally, Intermedix recommended that the Town's fee schedule be updated based on these recommendations. Acting Fire Chief Thomas introduced Intermedix's Vice President, Jason Mason. Council member Cates confirmed if a resident does not have insurance, Intermedix does not collect. John Mason, added that per tax base subsidizing, people may only be billed to the extent of their insurance and that there would be no additional out of pocket expense to the residents. Mayor Sanders commented that the cost for the service is 12% and an additional 1%, if payment is made by credit card. Council member Edstrom commented that residents pay taxes, so even though they may not have insurance, they have already paid for these services in their taxes and this gives the town a way to recoup the expense. John Mason listed the following services that will be provided for their fee, all of which the Town is not currently receiving under their current contract; web access for medical records, medical records review, tract statistics which will allow better management and coaching and state reporting. Intermedix currently serves Grapevine, Euless, Bedford, DFW and several others. Motion passed unanimously without further discussion. D.3 Discuss and take appropriate action regarding approval of a Subdivider's Agreement for Eagles Ridge Phase I1 and authorizing the Mayor to execute all necessary documents. Brandon Emmons explained that Starwood received an agreement back in 2005, The following are open space requirements as specified by the ordinance that was in effect at the time of their development submission was dedication of .74 acres, or $107,300.00, or a combination of land and money in lieu of land. Starwood is proposing that the Town accept the following to meet the open space requirements; Dedication of .963 Acres (213 of the land is a flowage easement), $10,000.00 and dedicate and convey ownership of the bronze eagle sculpture, the surrounding masonry and infrastructure, and the free simple title to the land where the eagle sculpture is located. Emmons continued that it is staff's recommends that Town Council accept Starwood's proposal, and that it accept the cash, land, sculpture and property in full satisfaction of Starwood's open space requirements. Motion made by Council member Edstrom, seconded by Council member Cates to adopt a Subdivider's Agreement, dedicating .74 acres of land with the payment of $107,300.00, or a combination of the above. Keith Allen, 2 Shields Drive - Spoke in favor of the Developer's agreement. Mr. Allen is with Starwood and advised when they originally met with the Town, they were told $10,000, and so they took out a loan anticipating this amount. However, since the Ordinance was changed for preparation of the DR. Horton development, they are now trying to determine how to make this 10,000 meet their budgetary requirements. Mr. Allen spoke to the hurdles they have experienced in this process but added that they love Trophy Club and are still excited to build homes here. Mayor Sanders' understanding was that when Starwood bought this land, the eagle was included. Sanders is concerned that the Town continues to accept parkland that we are unable to do anything with. Sanders questioned if a house could be built on a portion of this land if parkland was not accepted. Beth Ann Gregory advised that this area is on a flowage easement; therefore nothing can be built on this area. Jack Mahr, 404 Skyline - Advised the Counciltthat he is not aware of a HOA, but that there is a deed. Mr. Mahr also believes that the Eagle should be left there. There was speculation as to whether a HOA exist in Eagles Ridge. Council member Edstrom is going to provide HOA information to the attending residents from Eagles Ridge. Council member Edstrom agrees with the Mayor regarding the issues with park land that is of no use to the Town. Edstrom is aware that the eagle provides benefit and value to people and residents. Council member Cates questioned if this flowage easement would become an issue like the Lakes ditch? Cates believes that the Town should honor what they originally told Starwood, but is concerned about establishing precedent. Council member Sterling clarified that the title of the land with the flowage easement belongs to Starwood. Mayor Sanders questioned if there is anything that can be done to the easement to make into two lots. Beth Ann Gregory answered that the storm drain could be moved at a cost of approximately $300,000. Mr. Allen asked if Council might be willing to compromise and allow them to spread the $107,000 over 25 lots. Patricia Adams said that the Ordinance does not provide for this, however, the Council can approve this specification. Dave Dickson, 31 1 Skyline Drive - Expressed his wiliness to take over the HOA if Starwood agrees to turn over the Eagle. Wade Mullis, 20 Meadow Ridge - As the President of the soccer association, advised the Council that we need park space. Don West, 212 Ridge View Lane - Agreed with Mr. Dickson's comment and thinks that the Town needs to take on the responsibility as the problem is not going away. Council member Cates would rather take the Eagle than the lot. Mayor Sanders explained that there are options for changing public improvement, section 2.A.9; Starwood could deed the Town the land, including the wall and the eagle, and pay $10,000 or Council could allow for distribution over the platting of several homes and not do anything with the Eagle, however, this would put residents against the developer. Council member Cates stated that the Lakes have a similar issue, on Town property that needs to be fixed. Council member Lamont clarified that if the Town collected $107,000 rather than 10,000 it would need to be used for parks. Mayor Sanders explained that the Town is at a disadvantage by being built in small blocks of homes with small dedications of parkland. The advantage to a big developer is a big block of parkland. Brandon Emmons included that this is a special circumstance for a developer and subdivision who is trying to comply with an ordinance that is no longer on the books. A substitute motion made by Council member Edstrom, seconded by Council member Lamont for the dedication to include .963 acres as proposed by Starwood, dedication and ownership of bronze eagle sculpture, the surrounding masonry and infrastructure, and a dollar amount for money in lieu of land in the amount of $75,000 to be paid over the permitting process and not in one lump sum. Council member Sterling agreed with the dedication and dollar value and believes that this is a fair compromise but believes that the land is an issue. Mayor Sanders added that if the Council does not accept the land, it then becomes Starwood's to continue to deal with. Council member Cates does not like the amount of money it is going to cost to correct the land and believes that the Town should take on the eagle but not the land due to the liability. Council member Edstrom contended that while an error was made by staff, the Ordinance was provided to the developer at the time of platting, and staff did correct the error with the developer in follow up meetings. The complaints will come to the Town regardless of whether the Town owns the land or not. Council member Lamont feels that the motion on the floor is a fair compromise. Mr. Allen commented that both the eagle and land is worth $100,000 -150,000. Allen feels that a good compromise is $25,000 up front with the rest paid out at the time of permitting, and the Town taking the Eagle. Council member Cates amended the motion, Council member Lamont seconded approving .963 acres, reducing the $75,000 to $50,000, allowing $25,000 up front and $1,000 per permit, to be paid at permitting. The Amendment passed 3; 1, with Council members Lamont, Cates and Edstrom voting for and Sterling against. The motion passed unanimously. Mayor Sanders called a five minute recess. D.4 Discuss and take appropriate action regarding an Ordinance approving the First Modification to the Communications Site Lease Agreement by and between Nextel Communications and the Town, and authorizing the Mayor to execute all necessary documents. Motion made by Council member Edstrom, seconded by Council member Cates to approve an Ordinance approving the First Modification to the Communications Site Lease Agreement by and between Nextel Communications and the Town, and authorizing the Mayor to execute all necessary documents. Council member Larnont commented that he understood that the facade was going to be the same as Tom Thumb. Motion passed unanimously without further discussion. D.5 Discuss and take appropriate action relative to an Ordinance amending Chapter 1 of the Code of Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees", amending Section 8.03, entitled "Community Development Department", subsection "C" (1); by amending subsection "C" (2); by amending subsection "R" by adding (l)(a)(b) and (2); by amending subsection "V" to add radio antennas; by amending subsection "W" to add banner signs; by amending Section 8.04, entitled "Planning & Zoning Department", subsection "N" to add special exception; by amending Section 8.06, entitled "Animal Control", subsection "E"; by amending Section 8.07, entitled "Emergency Medical Services Billing", subsections "A", "B", "C" and "DM. Motion made by Council member Lamont, seconded by Council member Sterling to approve an Ordinance amending Chapter 1 of the Code of Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees. " Brandon Emmons commented that the amendments suggested would bring this Ordinance to date. The suggested amendments are the addition of the fee under the Intermedix contract, the increase from $25 to 50.00 for the Dangerous Dog registration and the addition of a fee for radio antennas. Emmons added that Staff also recommends that the Uniform Building Code (UBC) Building Fees for Commercial Construction be amended to more closely match the fees charged by Mitchell Planning Group for plan review and building inspections. The current fee structure does not cover the cost for outside plan review and building inspections. Mitchell Planning Group's rate schedule for residential construction is not based on UBC and therefore does not require amendment Council member Edstrom would prefer to figure out where the flaw is in the Maximus study and fix it prior to making any changes to the UBC fees. Brandon Emmons responded that the flaw is that the Maximus study was completed for residential fees not for commercial. Council member Cates commented that the Town was to have the authority to update and readjust fees under the Maximus study. Roger Unger responded that there are multiple reasons the Town purchased the Maximus study. From the beginning, the Town was to have limited ability to update and readjust. The basis of the law suit was the contention that the Town had overcharged a particular builder on residential permits. Unger clarified again that this study was from a residential standpoint, not from a commercial standpoint. Council member Cates suggested that if staff is going to come up with a fee cost they also should provide supporting, documentation of their methodology, in the event we were taken to court. Cates continued that the Town's fees were based on what other municipalities were charging, and yet we got sued. Brandon Emmons commented that due to the uniqueness of commercial buildings, in order to document, we would have to track each hour spent and each job function completed. Mayor Sanders questioned if the calculations included all permits or just commercial. Beth Ann Gregory answered all permits were taken into account for calculation. Council member Edstrom would like to see the antenna structure ordinance addressed. Council member Edstrom amended the motion; Council member Cates seconded approving all amendments besides the amendments to the CD section. Motion to pass the amendment tied 2:2; with Council members Cates and Edstrom voting for and Council members Lamont and Sterling against. Motion passed 3:2; with the Mayor, Council members Cates and Edstrom voting for, and Council members Lamont and Sterling against, without further discussion. D.6 Items for Future Agenda. Council member Cates requested an amendment to the Sign Ordinance regarding political signs and quantity per commercial lot be added to the list. Mayor Sanders asked that the item for awards to the hockey team be removed. D.7 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. All matters listed as Consent Agenda 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 Sanders suggested that Item D. 10 be removed from the Consent Agenda. Motion made by Council member Edstrom, seconded by Council member Cates to remove Item D.lO. Motion passed unanimously; item D.10 removed. 3 Items D.8,9 and 11 of the Consent Agenda passed unanimously without any discussion. ', D.8 Consent agenda: Discuss and take appropriate action to approve financials dated June 2006. D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, July 10,2006. D.10 Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending Chapter 10 entitled, "Public Safety", Article 11, entitled "Traffic and Vehicles", of the Code of Ordinances, by amending Sections 2.05 entitled, "Parking", Subsection C, paragraph (1) and adding paragraph (2)(a) and (b); amending Section 2.07 to adopt a new Section 2.07, entitled "Private Streets", including Subsections (a)(l-7); and by adding Section 2.08, entitled "Penalty". Motion made by Council member Lamont, seconded by Council member Sterling to discuss. Mayor Sanders asked for the background, if the Town has a current copy of the bylaws of the Lakes HOA and if the bylaws give Tracey Lane the authority to request that the Town take this action. Mayor Sanders questioned comfort level of Town Attorney, Patricia Adams. Patricia Adams responded that based on State Law, she is comfortable with this ability. Mayor Sanders questioned why the police should patrol a gated area. Council member Lamont advised that someone could run a stop sign or someone could be speeding at 95 mph but without the authority, the police cannot take action. Since Council member Lamont is on the Lakes HOA Board, he removed the motion, Council member Sterling concurred. Motion made by Council member Edstrom, seconded by Council member Sterling to approve Ordinance. Motion passed 3:O: 1; with Council member Lamont abstaining. D.ll Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending Article I, "Animals", Chapter 2 of the Code of Ordinances, entitled "Animal Control", by amending Sections 1.01 - 1.27. F.l Adjourn. Motion made by Council member Edstrom, seconded by Council member Cates to adjourn. Motion passed unanimously, meeting adjourned at 10:37 P.M. * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas