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02.18.2003 Town Council Minutesilnutesa _!oved 03/11103 Regular Meeting of the Prosper Town Council Planning, Zoning and Development Issues 601 S. Church Street Prosper First Baptist Church Children's Building (South Wing) Tuesday, February 18, 2003, 7�00prn 1, Call to OrderlFtn#I_ all. Mayor Dunmire called the meeting to order. Councilmen present: Mayor Jim Dunmire, Mayor Pro -Tem Jeff Walker, Larry Tracey, Charles Niswanger and Russell Kaker. Michael Perry arrived at 7:08pm, Also present: Town Administrator Jennifer Finley, Town Engineer Travis Roberts, Town Consultant Kathy Seel and Town Secretary Amber Phillips. 2 Act to amend the 2002-03 Town Bi da;iseci upgn the February 1 ,20Q3 Tax Rollback Election. Jennifer Finley presented Council with the proposed amended 2002-03 Budget. She explained the February 1, 2003 Tax Rollback Election resulted in an $88,000,00 reduction in proiected property tax revenue. Jennifer proposed the following reductions to budgeted expenditures: General Fund -$28,000 from Salaries, $20,000 from Repairs & Maintenance and $15,000 from Purchase of New Street Department Vehicle; Water Fund -$25,000 from Salaries. She explained that these proposed expenditure reductions would make up the $88,000.00 budget cut. Motioned by Jeff Walker and seconded by Larry Trarev to amend the 2002-03 Town Budget based upon the February 1, 2003 Tax Rollback Election as presented by Town Administrator Jennifer Finley. Michael Perry was absent from vote. Motion carried. Vote 4 to 0. 3. Consider and possibly act to resiarne CR122 from FM2478 westward to Qqurrty Lire Road. Jennifer Finley explained that Collin County supported the Town renaming CR122 and hoped to have the road opened to Preston Rd. within the next 2 weeks. Mayor Dunmire recommended a name that would be generic to the entire road rather than a name specific to a particular portion of the road. Trey Hansen. Director of Gentle Creek Golf Club, advised Council that Gentle Creek Drive would be their first choice for a new name. Tom Robinson, local property owner, explained that his family had owned land off of CR122 for many years and recommended the name Robinson Pkwy. Mayor Dunmire did not feel comfortable beginning the process at this point, but would like to get ideas from residents and property owners. Mayor Dunmire recommended Council table the item to give all interested parties more time to provide comments regarding the proposed name change. No action taken. Item tabled. 4. Consider gind act to accelpt contract between the Town and S urs' in & A*-sociates Archilli for professional desicin servic s f r new C tial Fir . $ntion inctrfc ina site development. Mayor Dunmire explained that Council voted to proceed with the design of the Fires Station at a previous meeting; therefore, entering into the contract would formalize Council's intent to proceed and secure the services of Spurgin & Associates. The proposed site is located on CR78 next to the water tower and was donated by Steve Folsom and the La Cima development. Mayor Dunmire explained that the design of the new station will tie into the overall theme of the town. The timeframe for. final completion is 12 to 14 months. Council requested that Jennifer Finley have the term "city" changed to "town" throughout the document. Michael Perry recommended the document be approved by legal counsel. Motioned by Michael Perry and seconded by Charles Niswanger to accept the contract between the Town and Spurgin & Associates Architects for professional design services for a new Central Fire Station including site development, subject to review and approval by legal counsel and change of the term "city" to "town". Jeff Walker abstained. Motion carried. Vote 4 to 0. 5. Qon.5ider and oossibly act to,adoot-0-Win once No. l, authorizinct issugricg and sale of Town Qf CrQ212gir i'- Notes in the amount of 832a,000.QO__f_nr the rps l of acquiring a muni i .rV fire rurk, Dan Culver, McCall, Parkhurst & Horton, L.L.P., presented Council and explained that the notes will be issued to purchase the fire truck. The first payment of $75,000.00 will be due March 2004, and will not affect the 2002-03 Budget. Motioned by Michael Perry and seconded by Charles Niswanger to adopt Ordinance No. 03-04. Motion carried. Vote 5 to 0. 5. PUBLIC HEARING to consider antiop $siWy,ar_t to- repeal Prosner's Subdivision Ordinance M1iv. 85-25 and to adQPt the pro 5u ct'v : i n roan a N 3- Mayor Dunmire opened the public hearing at 7:34pm. Steve Nichols, 1000 High Willow, expressed concern regarding various areas of the proposed Subdivision Ordinance, including: • setting 5 -year expiration dates for final plats and 2 -year expiration dates for Preliminary Plats (Kathy Seei advised that section 7.67 addressed that issue) • requiring bonds to cover depreciation of screening walls (Kathy Seei explained that legal counsel advised against such) • changing sidewalks from 4' to 5' (Jennifer Finley advised that upon Town Engineer recommendation that was not possible due to utility easement requirements) • changing alley widths from 10' to 12'(Mayor Dunmire agreed with changing the alley widths). Mr. Nichols stated that with the exception of the issues listed, he felt that the amended Ordinance was a very good proposal. Larry Tracey questioned the section of the Ordinance related to block lengths. Travis Roberts gave an explanation of block length reyuirenir.fits Larry requested language be added to cfearty define block length requirements "in residential developments". Travis agreed with inserting the additional language in Section 10.10. Tarin Riggs, Parks & Recreation Chair -man, expressed concern regarding several sections of the proposed Ordinance relating to Parr Ferns. He asked that a section 13.5.2d be inserted regarding $30,000 per acre; however, Travis Roberts recommended that rather they insert a reference the Fee Schedule Ordinance. He also asked for clarification regarding section 13.5,8.1. Kathy Seei was not certain why legal counsel had added that specific language, and Jennifer Finley agreed to clarify with legal counsel. Mayor Dunmire recommended changing the word -shall" to "may" in section 13.5,8.1. Mayor Dunmire thanked the Parks & Recreation Committee for their contribution in amending the Subdivision Ordinance. Kathy See! asked Council to keep in mind that the new Subdivision Ordinance was an interim measure that should be re -visited after the master plan is adopted which will allow an approximate 6 -month period for Council to see "how they like i#". She explained that the proposed changes were ti result of the issues identified in Council's September Workshop. She stated that the proposed Ordinance had been reviewed and approved by the engineer and attorney. In regards to the section of the Ordinance related to screening, she provided Council with a more prohibitive version proposed by Mesa. She explained to Council that it was a matter of choice and advised that they had the option of replacing the screening section of the Ordinance with the version proposed by Mesa. Council advised that they were comfortable with the screening section of the Ordinance as written. Mayor Dunmire commended Jennifer Finley and Kathy Seei's work on the new Ordinance. Mayor Dunmire closed the public hearing at 8:22pm, T. �,gnslcler and act to, revealPr e's $Ubdivisloin Ordingogg5 r Motioned by Michael Perry and seconded by tarry Tracey to repeal Prosper's Subdivision Ordinance No. 85-26 and adopt the proposed Subdivision Ordinance No. 03-05, subject to the following changes: Section 10.3.1 Change alleyway widths from 10' to 12'; Section 10.10 Add language provided by Town Engineer regarding "T" Intersections; Section 13.5.1 Add "the amount..." (last line of the sentence); Section 13.5.2d Add section to Subdivision Ordinance to reference the Town's Fee Schedule Ordinance which will be amended to include "$30,00.00 per acre or the greater of that amount or the appraised value" at the next available Council meeting; Section 13.5.8.1 Change the word "shall" to "may" (Jennifer Finley will clarify this language and change with legal counsel). Motion carried. Vote 5 to 0. 8 Go eider and act to award _kid i for Sewer P Travis Roberts presented Council with the bid tabulations for the Sanitary Sewer Line Rehabilitation Project opened on January 11, 20013- His initial estimation of the project was $250.000.00. Eleven bids were received ranging from $186,975.00 to $439.750.00. RKM Utility Services provided the lowest bid with an estimated completion time of 1.20 days. Travis explained that a 100% performance bond and a 100% payment bond would be issued. The bonds. credit and contractor references had been investigated and all checked out. He stated that he and the Mayor received an anonymous letter warning that RKM had no equipment and had never performed a contract. For that reason, he had asked the Town Attorney to further investigate the company. Travis recommended Council consideration of the low bid to RKM Utility Services in the amount of $186,975.00. Karl Koble, president of RKM Utility Services, explained that the main reason for the extreme differences in the bids was due to the fact that they will be doing their own bores rather than sub -contracting, and he also felt that some of the other bids had significantly fiver -charged for manholes. On other line items of the bid, RKM's pricing was very similar to the other bids. He explained that he had worked in sewer rehabilitation for 17 years; however, this would be his first job with his own newly -formed business. He felt that this was a very simple job. stated that he had done many jobs of this nature and was fully really to proceed. He stated that he would provide a job schedule to the staff as well as weekly and 48-hour notices to residents living in areas where they will be working. Several Councilmen expressed concern regarding the newly -formed business. Mayor Dunmire reminded Council that although it was a new business, Mr. Koble had 'I7 -years experience in the industry specializing in sewer rehabilitation, and the project will be 100% bonded. Motioned by Jeff Walker and seconded by Larry Tracey to award the bid to RKM Utility Services for the Sewer Line Replacement Project in the amount of $186,975.00. Russell Kaker and Michael Perry opposed. Motion carried. Vote 3 to 2. 9, Conai er n C P 't! n r h I for 2 publig hparinq§ and call for g §12rvica clan for thpvQlkjntaEv annexation, f the ea grn portion Qf A tract of land containjug approximately 198.53 acres the northwest Omer of CR79 and FM�47� Tom Clark presented Council with the annexation petition. He explained that he completed the annexation petition in 2 parcels because of specific language surrounding the petition which required that the property not be over Yz mile in width. He stated that his intent was to submit an application in the very near future to rezone to planned development (PD) zoning. Motioned by Larry Tracey seconded by Russell Kaker to accept the Petition presented by Thomas E. Claris for the voluntary annexation of the aforementioned property; set 2 public hearings for March 11, 2003, and March 18, 2003; and to call for a service plan. Motion carried. Vote 5 to 0. 10. GQn it er anhart to ac g tt Pgtl_tlog gre$enjet4 I y jhomas E, Clark set bats fo i .sr ci ca 11for a service for the voluntary nn tin of the wgggirrin of a tract f Ian ntaining apDrgxjMAtgly1acres I the northwest corner of CR79 and FM247$. Motioned by Lary Tracey and seconded by Russell Kaker to accept the Petition presented by Thomas E. Clark for the voluntary annexation of the aforementioned property; set 2 public hearings for March 11, 2003, and March 18, 2003; and to call for a service plan. Motion carried. Vote 5 to 0. I 1,_ Cgnsitter and aciito acMp the Phi ellminary PRatfor Whi. erg rincr Farrpapropgd 'Planned Deveioament located at the g_ojjjhpaEj cornerof gRg,Q and CR122. Michael Beatty, Mooreland Development and applicant representative, presented Council with the Preliminary Plat and requested consideration of approval- Dadn Riggs, Parks & Recreation Chalrman, explained that the Committee met with Mr. Beatty regarding several park issues, but the details had not yet been finalized. Jeff Walker questioned whether the liability issue had been addressed surrounding the combining of hike & bike trails with equestrian trails. Mr. Beatty explained that the 2 trails are separated by a 35' boundary, and law did not prohibit the combination of the 2 types of ucmo, I1GweVer, lie did stat:, that there could be sortie risk involved, but the 2 uses combined was part of Prosper's rural appeal and would make this development unique. Council also discussed the possibility of the development turning a lake over to the Town, the cost of dredging the lake and the potential liability involved with the Town maintaining/owning a lake. Travis Roberts presented Council, referring to his letter dated February 14, 2003, and recommended consideration of approval of the Preliminary Plat for Whispering Farms. He advised Council that acceptance of the Preliminary Plat did not bind Council to the lake at this time. If Council chose to take over the lake, possession would not become effective until approval of final plat. Motioned by Jeff Walker and seconded by Larry Tracey to accept the Preliminary Plat for Whispering Farms, a proposed Planned Development located at the southeast corner of CR80 and CR122, contingent upon the following: finalization of an acceptable Developers Agreement whit--h will inr ll ide guidelines for variniitc narL recreation utility and maintenance issLes; and, corniptetion of action items set forth in letter from Town Engineer Travis Roberts dated February 14, 2003. Motion carried. Vote 5 to 0. 12. Consider and act 10 acceptthe Preliminary Plat far Glgnbrook Estates, a pro ori s0 subdivislon containing ar)l2roxior,itely 1 7 zLgres of land located n US38ndui r east € f FN11 385 wi Fxtraterrijorial Jurisdiction of the Town of Prosoer. Applicant representative Kirk Wilson presented Council. He advised that they received a letter from Travis Roberts listing 23 action items needing to be addressed. He offered to waive the 30-day rule requiring Council to act upon Preliminary Plats if Council would allow them additional time to address those items. Travis Roberts presented Council with the 23 action items listed in his recommendation letter dated February 10, 2003. Based on the 23 items, Travis recommended denial of the Preliminary Plat. He advised that Council's alternative option would be to accept the waiver of the 30-days and allow Glenbrook additional time to address the issues listed. Motioned by Jeff Walker and seconded by Larry Tracey to deny the Preliminary Plat for Glenbrook Estates, a proposed subdivision containing approximately 107 acres of land located between US380 and Fishtrap Road on the east side of FM1385 within the Extraterritorial Jurisdiction of the Town of Prosper, based upon the recommendation of Town Engineer Travis Roberts and the 23 items listed in Mr. Roberts' letter dated February 10, 2003. Motion carried. Vote 5 to 0. Mayor Dunmire advised Mr. Wilson that a letter would be sent listing reasons for denial. 13,Qisgkiwith Ric;hard Quintal a proyosgd da are facility located near the Pro r I m n School. Richard Quintal, 3626 Heritage Trail, Celina, Texas, presented Council with a proposed daycare center. He explained that the property was currently zoned residential, and he wished to obtain zoning that would allow for the specific' use of a daycare center. He presented Council with the brick and stone that he would attach to the exterior of the building, the proposed layout and the site plan. He felt the parking lot would be able to take traffic in/out and hoped to take some of the stress off of the school by opening the doors early in the morning. He felt that many parents would drop children off prior to the doors opening at the school. He also felt that most parents would pickup their children long after school was out which would not interfere with the afternoon school traffic. Russell Kaker suggested an entrance off of First Street and an exit off of Craig Rd. to alleviate some of the traffic. He felt that a daycare facility would be more appropriate than homes on that property. Mr. Quintal stated that he had considered making a sidewalk to the school and would like to have a playground area that he would consider sharing with the school. Mayor Dunmire explained that a previous zoning request was brought before Council for a retail/commercial use on this property, and there was significant citizen disapproval. He advised Mr. Quintal that Council might entertain a Planned Development (PD) specifying that the only use allowed on the property would be that of a daycare facility. 14. Presentati n b and disgusgion with PBS&J rgoarding pM2itle-conswitingi r 1[affic and tral3ga2cwUgn it5ji aaakij!2ftg Tligroughfare Plan, r Road, the USUO/PrestoI2 R Extension through Prgp+Lr; Doug Dillon, PBS&J Transportation Division, presented Council with the possibility of providing 0,6, services to the Town. He explained that their company could take the "dreams" from the master plan and determine what parts they could help to "make come true". ler, Dillon presented Council with his background and qualifications as well as the background and qualification of his colleaques, Michael Garrison and Clarence Daugherty, and the core values of PBS&J. He possessed very strong relationships with TXDOT and representatives from Collin and Denton Counties. He strongly recommended that the Council consider Liking forth a "spirit of cooperation" with the surrounding counties and cities. He suggested the Council review the thoroughfare plans of the surrounding counties and cities and see how Prosper could mold into them; however, he assured that this did not mean Prosper would need to "conform" to the plans of its neighbors but to work in cooperation with them. Mr. Dillon advised that the expansion of the Tollway northward was happening very rapidly, and he recommended that Prosper begin actively working to prepare for it. Mayor Dunmire advised that he did not want to be misunderstood as to the reason why PBSU had been asked to make a prosentalion to Council. He stated that the Council liked the concept of the master plan; however, he and severe -it Council members felt that there could be some questions as to the viabil':ty of the master plan from a transportation standpoint. He felt the Council had a due -diligence to examine all aspects of the master plan. He stated that the main concern he had heard from citizens was regarding the traffic on Preston Rd. The dilemma that Council faced, if they chose to adopt the master plan "as is", was how to find solutions to short-term problems, i.e. traffic on Preston Rd., and make those solutions "fit" into the long-term master plan. He felt that PBSU could possibly help the Council with those challenges by analyzing the master plan, testing its feasibility and offering altemalive traffic reports and solutions. Mr. Dillon felt the master plan had a very good basis, but from a traffic standpoint it was not viable "as drawn' because it lacked an allowance for the volumes of traffic that would eventually exist, especially the traffic from Celina and other surrounding cities. The plan merely needed "tweaking He felt that the plan's basis for improving BUS289 was a great idea, but it should work in conjunction with existing SH289 with goad connections between the two on both the north and south ends. Mr. Dillon felt that by working with Celina, they could create a viable solution to tie the two together to the north, He felt that the Town would most likely be very displeased with the end result if they continued to go forth in "isolationist mode". In regards to the southern connection, SH289 and US380. Mir. Dillon did not feel that Mesa's plan was a viable alternative, as it did not allow easy access to get infout. He felt that this would cause motorists to go elsewhere rather than to the restored downtown district. TXDOT's current plan for that intersection was for a 3 -level interchange. Mayor Dunmire asked if Mr. Dillon could perform a study on Preston Rd. to give the "down and dirty" numbers as to the traffic needs. Mr. Dillon explained that the Texas Council of Governments (NTCOG) and Collin County currently had very good numbers available in regards to traffic studies on that road. He did not recommend the Town pay for new reports, given the availability of these current reports. He stated that these were also the reports that Mesa used in designing the master plan; however, there were various ways to look at the numbers. Mr. Dillon agreed to pull together the numbers from both NTCOG and Collin County at no cost to the 'sown. Darin Riggs, Parks 8 Recreation Chairman, addressed Council regarding a possible conflict of interest in contracting PBS&J to work for the Town. He remembered that approximately 6 months prior, a PBS&J employee was working on a development located at the intersection of CR48 and SH289. He felt that this could alter PBS&J's opinion of SH289. Sally Holmberg, Prosper resident, agreed with Council's desire for a traffic study; however, she also agreed with Darin's opinion regarding a potential conflict of interest and asked that Council consider another firm. Mr. Dillon explained that he worked for an extremely large farm with several different divisions. The civil division worked with developers, and he worked with the transportation division which worked primarily with various municipalities and Departments of Transportation. He advised that PBS&J was completely open about issues regarding potential conflicts of interest. He was not personally aware of any current work that the civil division might have in Prosper but agreed that if that was the case then those issues might need to be laid on the table, Darin Riggs stated that "what we want isn"t always easy to achieve". Mayor [hrnmire explained that the agenda item was not to discuss the master plan; however. it was a discussion regarding the possibility of using a firm that could potentially help to provide additional facts and solutions that Mesa had not provRded. Council's desire was to consider putting "reality -based information" around the master plan. Darin questioned Council's position on the master plan and its relationship to development surrounding Preston Rd. Jeff Walker felt that the entire Council supported the master plan and had no desire to promote commercial/retail development on Preston Rd; however, Council did have concerns regarding the traffic flow on Preston Rd, and that was the main intent of the discussion. He stated that he wanted to put to rest false notions of any Councilmen having ulterior motives. He also stated that the Council worked for the good of the Town, not for the good of developers. Michael Perry reiterated Jeffs statement and stated that he wanted to be 100% clear that Council did not have a hidden agenda. Darin Riggs apologized if anyone felt that he had questioned their integrity. Mayor Dunmire again explained Council's challenge of analyzing long-term, short-term and present needs and making the solutions to those needs worts together. Even if the master plan were not an issue. Council would still be faced with addressing traffic on Preston Rd. Because the master plan is an issue, Council must address how the solutions to present traffic needs can be incorporated into the master plan. Mayor Dunmire also stated that Council had the responsibility of respecting the landowners' rights as well. Council asked that Mr. Dillon speak to the cost of their services. He advised that it was difficult to provide a reasonable answer without a scope. He asked Council for direction and offered to writes a scope and present it to them atong with a fee estimate. if Council agreed to their services after reviewing the estimate, he woutd begin prioritizing the various solutions and providing pro's and non's- He would not recommend making any final decisions without first meeting with TXDOT. He felt the most viable solution would be one that woulrt allow "mixed funding" between the Town. TXDOT. NTCOG. various developers, etc. He explained that another iss bl-61 cbns4er when searching for a viable solution is the 5 to 6 year planning/construction period for the completion of transportation projects. During that period, much growth could occur, and it was important to determine how the traffic would be handled during the interims. Council requested PBS&J create a scope and a cost analysis. Mr. Dillon agreed to begin work on the scope of the project and also agreed to compile a list of any current contracts that PBS&J had in the Prosper area that could potentially be construed as a conflict of interest. No formal action taken. 15. Consider and -a Ig Authorizehe T wnI_ -Itgr tg fit 7t-, DirecLqUf Plapninasition. Mayor Dunmire stated that this was an item that had previously been tabled on multiple occasions. He explained that there was a plan to finance the position with the assistance of the EDC. The person would be employed by the Town and obtain salary and benefits from the Town; however, the employee would be contracted out to the EDC to spend 30% of his/her time on EDC issues, thus the EDC would reimburse the Town foi 'that portion of the employee's salary. Jennifer Finley stated that legal counsel had verbally approved such an arrangement. Russell Kaker recommended a contract between the Town and the EDC that would guarantee the EDC's 30% portion for a specified amount of time. Larry Tracey explained that he was concerned about the position and did not feel comfortable with the EDC funding a portion of the salary at this time. He had previous conversations with various EDC members that expressed concern over EDC funds being exhaUsted. Larry further expressed concern. with the upcoming election as he felt that a potential new Council might detcarmine this position as unnecessary and eliminate the position immediately. Mayor Dunmire and Jeff Walker disagree with Larry's concerns surrounding a change in Council and did not feel that it should impact their decision-making. Larry explained that his main concern was the money issue. Mayor Dunmire felt that filling this position would result in ultimate savings for the Town by providing a person to administrate the Town's planning needs more efficiently. Charles Niswanger agreed with Larry's concems surrounding funding and a possible Council change. Michael Perry stated that Prosper must have a plan to build an outstanding community, and a planner is needed to help build that plan. Charles Niswanger explained that he was not opposed to hiring a planner, but he did not feel that the timing was right. Motioned by Michael Perry and seconded by Jeff Walker to authorize the Town Administrator to fill the Director of Planning position. Charles Niswanger and Larry Tracey opposed. Motion carried. Vote 3 to 2. 16 Adjourn. Mayor Dunmire adjourned the meeting at approximately 11:45pm. Attest: r own Secretary Amber Phillips yor Jim Dunmire