Loading...
10.25.2011 Town Council MinutesV^ TOWN OF PR SPER Prosper is a place where everyone matters. Call to Order / Roll Call. MINUTES Regular Meeting of the Prosper Town Council Town of Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, October 25, 2011 at 6:00 p.m. Mayor Smith called the meeting to order at 6:03 p.m. Council present included: Mayor Ray Smith, Mayor Pro -Tem Kenneth Dugger, Deputy Mayor Pro -Tem Meigs Miller, Danny Wilson, and Jason Dixon. Council Member(s) absent: Curry Vogelsang Jr. and Dave Benefield. Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon Webb, Director of Development Services; Chris Copple, Planning & Zoning Manager; Matthew Garrett, Finance Director. 2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag. The invocation was given by Pastor Chris Schoolcraft with Prosper United Methodist Church. The pledge of allegiance and pledge to the Texas Flag was given. 3. Announcements of dates and times of upcoming community events. Town Manager Mike Land announced that the Texas Department of Transportation and Mario Sinacola and Sons Construction Company will host a Town Hall Meeting November 3, 2011 at Rucker Elementary School to discuss the construction schedule and details of the expansion of Preston Road. Mr. Land announced that the Town of Prosper has been awarded the 2011 Municipal Excellence Award for communication. Mr. Land reminded everyone that the Clothe a Child program is set for Saturday morning. 4. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment and may submit written comments as part of the official record.) Mayor Smith made a motion to pull Agenda Item (4b.) off the consent agenda. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 5-0. MINUTES, RESOLUTIONS AND OTHER ITEMS, 4a. Consider and act upon minutes from the following Council meeting (AP) 0 October 11, 2011 — Regular Town Council Meeting Page ] of 6 4c. Consider and act upon Resolution No. 11-63 Second Amendment — Development and Financing Agreement between the Town of Prosper and Blue Star Land LP, 183 Land Corp. and Blue Star Allen Land LP. (ML) 4d. Consider and act upon Resolution No. 11-64 First Amendment - Water and Sewer Improvement Development Agreement between the Town of Prosper, Forest City Prosper Limited Partnership and Prosper Partners LP. (ML) 4e. Consider and act upon the September 2011 monthly financial statements. (MG) Council Member Wilson moved to approve Consent Items 4a, 4c, 4d and 4e, as presented. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 5-0. 4b. Consider and act upon Resolution No. 11-62 supporting the reconstruction of US 380 from the Denton County Line east to Custer Road, including the addition of frontage roads between the Dallas North Tollway and SH 289 (Preston Road). (HW) Transportation Project Manager Rajesh Janarthanan presented a power point presentation regarding the TxDOT plans to widen US 380 from the Collin County Line east to Custer Road noting the Regional Transportation Council has allocated Regional Toll Revenue funds for . design and construction of the US 380 from the Denton County Line to Coit Road. After discussion, Deputy Mayor Pro Tem Miller approved Agenda Item 4b. as presented. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 5-0. 5. CITIZEN'S COMMENTS (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) Other Comments by the Public- There were no citizen comments. REGULAR AGENDA (if you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) Council skipped to Agenda Item 10. EXECUTIVE SESSION Council Member Wilson made a motion to recess into Executive Session at 6:23 p.m. for items: 10a. Section 551.071. Consultation with Town Attorney regarding agreement between the Town of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper including a Strategic Partnership Page 2 of 6 Agreement between the Town of Prosper and Denton County Fresh Water District No. 10. 10b. Section 551.071. Consultation with Town Attorney regarding Legal issues relating to the First Street/Coit Road Improvements project. Mayor Pro Tem Dugger made a motion to reconvene into Regular Session at 7:01 p.m. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 5-0. No action was taken from Executive Session. PUBLIC HEARING & DEPARTMENT RELATED ITEMS 6. Consider and act upon a public hearing to consider and act upon Ordinance No. I1-70 to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. Town Manager Mike Land briefed Council regarding Legislature limiting the applicability of Tax Code 11.253 the Goods in Transit exemption. He explained that the exemption only applies to goods that are stored in a public warehouse owned by someone other than the owner of the goods. He explained the Town has a time limit to act which is before December 31, 2011 in order to continue to tax such goods in 2012. Council Member Dixon made a motion to open the Public Hearing. Motion seconded by Council Member Wilson. Motion approved by vote 5-0. There being no one present to speak, Mayor Pro Tem Dugger made a motion to close the public hearing. Motion seconded by Council Member Dixon. Motion approved by vote of 5-0. Council Member Dixon moved to approve Ordinance No. I1-70 to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 5-0. 7. A public hearing to receive public comment concerning the amendment of the land use assumptions and capital improvements plan, and the imposition of an impact fee for water, wastewater and roadway utilities. Planning and Zoning Manager Chris Copple briefed Council regarding the Impact Fee Study performed by Freese & Nichols, and the CIAO recommendation letter. Scott Cole with Freese & Nichols and Jeff Whitacre presented a power point presentation with the breakdown of Impact Fees, Land Use Assumptions, Water and Wastewater Impact Fee Analysis and Roadway Impact Fees. Mayor Pro Tem Dugger made a motion to open the Public Hearing. Motion seconded by Deputy Mayor Pro Tem Miller. Motion approved by vote of 5-0. Chairman of the Capital Improvements Advisory Committee Mark DeMattia was present and spoke in support of the proposed Impact Fees. Developer Matt Robinson spoke in opposition and had concerns with excessive fee amounts to Developers through Impact Fees and asked Council to consider a fee survey with surrounding Page 3 of 6 cities. He recommended that Council consider approving a comprehensive plan before installation of costly infrastructure. Developer John Rose spoke in opposition and had concerns with the high fees compared to neighboring cities. Council Member Wilson made a motion to close the Public Hearing. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 5-0. Council advised Staff to hold a future Work Session Meeting in order to discuss and provide direction regarding the amendment of the land use assumptions and capital improvements plan, and the imposition of an impact fee for water, wastewater and roadway utilities. 8. Discuss a Development Agreement between the Town of Prosper and Athlos Prosper Fund I, LP for the development 188 acres in the northwest quadrant of Hwy 380 and the Dallas North Tollway. Mike Land introduced Joe Drysdale. Mr. Drysdale explained that the project is a proposed mixed-use development of approximately 2.2 million gross square feet of non- residential space consisting of approximately 765,000 square feet of retail and hotel space, restaurant, and other commercial space, 1.5 million square feet of office space, and 2,400 multi -family units, and other ancillary facilities needed to support the development. Mr. Land explained the Development Agreement is a performance based agreement meaning any reimbursement/incentive is generated through the value and sales resulting from the construction and occupancy of the project. He noted the Agreement will require the financing and construction of the first mile of the southbound DNT frontage road between Hwy 380 and Fishtrap/First St. and Public Infrastructure including roads, water and sewer lines and other enhancements up to a maximum cost of approximately $41 million plus interest. The Developer and staff are currently evaluating the inclusion of the additional costs for the two (2) miles of frontage road between Fishtrap/First St. and Parvin/Frontier Parkway. The reimbursements for these expenditures are funded through the incremental increases within the project generated by the proposed private improvements and sales taxes received. The Town's financial reimbursement for public infrastructure is capped at the approximate $41 million level plus interest. Any cost over and above these amounts will be the responsibility of the Developer without any reimbursement from the Town. This item was discussed and no action was taken. 9. Discuss an Agreement between the Town of Prosper and 166 Bryan Road Partners, LP for the Reduction of the Extraterritorial Jurisdiction of the Town of Prosper including a Strategic Partnership Agreement between the Town of Prosper and Denton County Fresh Water District No. 10. Town Manager Mike Land briefed Council regarding the proposed agreement noting the Developer desires to join this property with the existing District 10 Utility District. The District has the authority to construct the utility facilities and road improvements. The Town is authorized to enter into this agreement per the Local Government Code and the Texas Water Code. The Developer Judge Platt was present and briefed Council that in exchange for releasing the 166 acre tract, they are offering the Town a Strategic Partnership Agreement and full annexation option of the commercial tract within the previously released Comanche Ridge project. This option allows for the Town to do a couple of things during the initial and later years of the project. During the initial term of the project, the first 15 years, and including the optional two terms of 15 years each, the Town may impose its sales tax on any commercial development occurring on the commercial tract. The Developer is also requesting that the Page 4 of 6 Town share a portion of its sales tax collection. Secondly, the Developer is agreeable without objection to the Town performing a full annexation of the commercial tract after the first term of the agreement has concluded thus allowing the Town to collect the sales tax and ad valorem property tax. The Developer is offering for the Town's consideration to enter into additional Strategic Partnership Agreements for two other areas for the purposes of collecting and sharing sales and use tax. The Developer is agreeable to designing the projects infrastructure to meet the North Texas Council of Government's standards among others and design its drainage system for those areas that may flow east to Doe Branch in accordance with the Town's drainage requirements. There is specific language in the agreement regarding the alignment of Parvin Road/Bryan Road expansion that should be examined. Building restrictions proposed by the Developer are as follows: 1. The average density of the Development shall not exceed 4.25 single family dwelling units per gross acre. 2. Multifamily residential dwelling units shall not be permitted within the Development. 3. Within the Development, the exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of ninety percent (90%) Masonry (as defined below). For purposes of this Paragraph 3, "Masonry" shall mean clay fired brick, natural and manufactured stone, granite, marble, stucco, and architectural concrete block. Masonry shall also include cementatious fiber board, but cementatious fiber board may only constitute fifty percent (50%) of stories other than the first story. However, cementatious fiber board may not be used as a fagade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementatious fiber board may also be used for architectural features, including window box -outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features. The remaining ten percent (10%) of the exterior facades of a main building or structure, excluding glass windows and doors, shall not be wood, vinyl or EFIS. This item was discussed and no action was taken. Mayor Pro Tem Dugger made a motion to recess into Executive Session at 8:12 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 5-0. 10. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to wit; and Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: 10c. Section 551.072. To deliberate regarding Real Property located south of Prosper Trail, West of Custer, east of Dallas North Tollway and north of Highway 380. IOd. Section 551.087. To deliberate the purchase exchange, lease, or value of real property located south of Fishtrap, North of Hwy. 380, East of FM 1385, and West of Burlington Northern Railroad. 1Oe. To reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 5 of 6 Mayor Pro Tem Dugger made a motion to reconvene into Regular Session at 8:33 p.m. Motion seconded by Council Member Wilson. Motion approved by vote of 5-0. No action was taken from Executive Session. 11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. No items discussed. 12. Adjourn -Deputy Mayor Pro Tem Miller made a motion to adjourn. Motion seconded by Mayor Pro Tem Dugger. Motion approved by vote of 5-0. The meeting adjourned at 8:38 p.m. ATTEST: 4M Amy. PI a a, TRMC Town Secretary APPROVED: Ray SmO, Mayor Page 6 of 6