04.08.2003 Town Council MinutesMinutes (approved 5113103)
Regular Meeting of the Prosper Town Council
601 S. Church Street
Prosper First Baptist Church Children's Building (South Wing)
Tuesday, April 8, 2003, 7:00pm
1. Cali to OrderlRoll Call, Mayor Dunmire called the meeting to order at 7:08pm. Councilmen present: Mayor Jim
Dunmire, Mayor Pro -Tem Jeff Walker, Larry Tracey, Charles Niswanger, Michael Perry and Russell Kaker. Also present:
Town Administrator Jennifer Finley and Town Secretary Amber Phillips.
2. Invocation. Mayor Dunmire offered a moment of silence in recognition of the American Troops in Iraq. Prayer was
given by Pastor Mark Bryant. .
CONSENT AGENDA
3 Apgroval of_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,)
a. Approve Minutes.
b. Approve Bills.
C. Approve Radean Herron, Tax A/C Report.
d. Approve Financial Statements Ending February 28, 2003.
e. Approve Interlocal Cooperative Agreement Between Denton County, Texas and the Town of Prosper for
Maintenance of Roads.
f. Declare 2003 Proclamation for Sexual Assault Awareness Month in Texas.
g. Adopt Ordinance No. 03-26, Amending Ordinance No. 02-25, Regulations of Signs.
h. Adopt Ordinance No. 03-13, Establishing the Maximum Speed Limit of Thirty -Five (35) mph for CR48, Prosper,
Collin County, Texas, from SH289 west to BUS289.
L Adopt Ordinance No. 03-14, Establishing the Maximum Speed Limit of Thirty -Five (35) mph for CR81, Prosper,
Collin County, Texas, from SH289 east to Prosper's Town Limits (approximately ''/z mile).
1. Adopt Ordinance No. 03-15, Establishing the Maximum Speed Limit of Forty -Five (45) mph for CR122, Prosper,
Collin County, Texas, from FM2478 (a/k/a Custer Rd.) to CR80.
k. Adopt Ordinance No. 03-16, Establishing a Four -Way Stop Sign at the Intersection of CR80 and CR122, Prosper,
Collin County, Texas.
Approve Pay Request #3 (FINAL) to Wilson Construction Services, L.L.C. in the amount of $71,605.58 for"Water
Line Improvements Project -Line C Water Line Along CR77" in accordance with recommendation from Town
Engineer.
m Adopt Ordinance No. 03-27, Changing the Name of CR122 to Prosper Trail.
n. Adopt Ordinance No. 03-28, Changing the Name of CR27 to Dallas Parkway.
o. Adopt Ordinance No. 03-29, Changing the Name of CR 4 to Prosper Trail.
p. Adopt Ordinance No. 03-30, Changing the Name of CR3 to West First Street.
q. Adopt Ordinance No. 03-31, Changing the Name of CR48 to Prosper Trail.
r. Adopt Ordinance No 03-32, Changing the Name of CR49 to Dallas Parkway.
S. Adopt Ordinance No. 03-33, Changing the Name of CR5 to Settle Road.
t. Adopt Ordinance No. 03-34, Changing the Name of CR6 to Legacy Drive.
U. Adopt Ordinance No. 03-35, Changing the Name of CR73 to Lover's Lane.
V. Adopt Ordinance No. 03-36 (a), Changing the Name of CR77 to Hays Road.
W. Adopt Ordinance No. 03-36 (b), Changing the Name of CR77 to Gentry Road.
X. Adopt Ordinance No. 03-37, Changing the Name of CR78 to East First Street.
Y. Adopt Ordinance No. 03-38, Changing the Name of CR79 to East First Street.
Z. Adopt Ordinance No. 03-39, Changing the Name of CR79 to Prosper Trail.
aa. Adopt Ordinance No. 03-40, Changing the Name of CR80 to Coit Road.
uu. Adopt Ordinance Ivo. 03-41, Changing the i�anie of CR933 to Walnut Gove Lane.
cc. Adopt Ordinance No. 03-42, Changing the Name of CR74 to Coit Road.
Mayor Dunmire read aloud the Proclamation declaring April 2003 as Sexual Assault Awareness Month in Texas.
Motion by Michael Perry and seconded by Larry Tracey to approve the Consent Agenda subject to the following
exceptions: table Items "s" and "u", Item "z" should read CR81 rather than CR79 and remove Item "w". Motion carried.
Vote 5 to 0.
COMMENTS FROM CITIZENS
4. The Town Council invites citizens to speak on an to is not on the actenda or not already scheduled for Public
Hearing No comments from citizens. No action taken.
REGULAR AGENDA
5. PUBLIC HEARING to consider the rezoning of approximately 198.53 acres of land, more or Jess. being part of
the Larkin McCarty SUrvev, Abstract No. 604, Prosper, Collin County, Texas, -and being more generally located
.- g the northwest corngr of CR79 and FM2478, from Single -Family Residential (SF -1) to Planned CJevelopmei�t
(PID) upon annexation, Mayor Dunmire opened the public hearing at 7:14pm. He stated that the proposed development
will be known as Whitley Place.
Mayor Dunmire advised that the proposed Planned Development Agreement appears to follow the PD Template approved
by Council. Kathy Seei, consultant, provided feedback regarding a few variations from the template. She stated that
appropriate changes should be made in reference to the new Subdivision Ordinance_ She explained that the size of the
majority of the lots seemed below the minimums set forth in the template. There also appeared to be variations from the
setback requirements. Council had requested Landscape Specifications be attached, and Kathy pointed out that was not
part of the PD. With exception to those comments, she felt that most of the standards proposed in the PD Agreement
were consistent with the template.
Applicant Tom Clark Applicant Representative Dale Clark addressed Council. They reviewed the various work that had
taken place regarding the PD through meetings with the Council, Mesa and the Parks & Recreation Committee.
Michael Perry questioned the location of the proposed development in relation to two nearby cemeteries. Dale pointed
out the location of the nearby cemeteries on the site plan.
Dale Clark presented various elements of the development. He advised that the overall plan will focus on the natural
beauty of the land.
He reviewed the basic concept of the PD. The homes will have a 2400 sq. ft. minimum. There will be approximately 2�
lots with a minimum area of 30,000 sq. ft. located off of the spine road. The 15 lots along the creek will be much deeper
with a 1 -acre sq. ft. minimum. The remaining lots will be 12,000 sq. ft. The total projected build -out was proposed at 375
lots on 198 acres.
Dale explained that the reason for the setback variations was because they had increased the setbacks on the 30,000 sq.
ft. lots to provide a nicer, more rural appearance.
Jeff Walker questioned the fencing requirements of homes abutting the open space, parks and/or trails. Dale advised that
wrought iron fencing would be required in those areas, and no privacy fencing would be allowed along the creek.
Jeff also questioned the water level of the lake. Dale advised that a hydrology study will be performed. He was 90% sure
that the results of the hydrology study would indicate an ample water supply for maintaining the water level. In the event
the study proves different, they could drill a well and set a level indicator with a variable to maintain the water level. He
explained that he had used this type of system with other subdivisions, and it proved to work very well. Mayor Dunmire
advised Dale of the Town's drilling permit requirements.
Council requested that Mr. Clark add language that allows Council the right to review and/or amend the PD if a
preliminary plat had not been submitted within 5 -years. Tom asked that the time period be longer than the 5 -years in the
event of a lengthy economic downturn. Dales referred to this type of agreement as a "Sunset Agreement" and
recommended 8 -years. Council agreed.
Council asked if they had considered a developer's agreement for the construction of some of the water lines. Tom stated
that they had not had such discussions but would entertain an agreement depending on their construction schedule.
Council requested that the masonry requirements be changed to include 85% coverage on the front of the home and 75%
on the remainder. They also asked that the PD specify the types of masonry allowed. Bill Little, Building Inspector/Public
Works Director, recommended Council add language to ensure that they prohibit masonite. Council felt it more
appropriate to address masonite through building codes and asked that Bill make appropriate amendments to the codes
and bring back before Council for consideration.
Dale stated that the Parks & Recreation Committee wanted more input regarding the design of the area referred to as the
"viewing area" located near the lake.
The Parks & Recreation Committee had been concerned about the long-term maintenance of the viewing structure and
asked that a provision be added to allow for parallel parking. Dale stated that those issues would be addressed in Section
2.02.1 of the PD.
Larry Tracey questioned parking availability around the viewing area. Dale explained that they did not have exact
calculations for parking, but he agreed to set forth additional space, if needed, during the preliminary plat process to
ensure traffic would not be obstructed.
In regards to the hike and bike trail, their initial idea was to build it on a phase -by -phase basis (3 phases). If a new
development comes in to the west, they will be capable of connecting to it in phase one. For the purpose of flexibility,
they did not specify the width, specifications or material of the trail; therefore, Section 2.14 provides for the specifications
to be determined and approved by the Town.
Dale explained that the Parks & Recreation Committee asked that measurements, acreage, etc. be disclosed in Section
2.12 (Open Space Requirements). The Committee also indicated that they wished to see a Facilities Maintenance
Agreement drawn up for Areas A, B and C but recommended Area D be maintained solely by the Homeowners
Association. The language "through a facilities agreement with the Town of Prosper" would need to be added to Section
2.13.
Janet Phillips, 1223 Chandler Circle, asked how the lot sizes, setbacks and lot widths differed from the PD Template.
Charles stated that the setbacks and sizes meet or exceed the requirements set forth in the template.
Mayor Dunmire closed the public hearing at 8:30pm.
6 Act to ad of rdinance No 03 08 annc�xinp i3C3Ti I the Eastern and Western portions of approximately 198.5.3
acres of land, more or less, being pari of the Larkin McCarty Surrey, Abstract No. 800, Prosper. Collin Countv.-
Te a1A,USJ' Bing more generally located along the northwest corner gf CR79 and FM2478. Motioned by Larry
Tracey and seconded by Charles Niswanger to adopt Ordinance No, 03-08. Motion carried. Vote 5 to 0.
7. Act to adopt Ordinance No. 03-25, rezoning a tract of land containing aaproxinlatel 19Y 8 533acres, more or
less, being part of the Larkin_ lVlgCarty S irveY. Abstract No. 600, Prosper, Collin County, Texas, and being more
generally loqq1ed along the northwest corner of CR79 and FM2478. from Single -Family Residential (SF -1) to
Planned Development fPD) upon annexation. Motioned by Russell Kaker and seconded by Larry Tracey to adopt
Ordinance No. 03-25, subject to the following changes/additions in the PD Standards Agreement: add 8 -year Sunset
Provision; change masonry requirements to 85% coverage on the front of the unit and 75% coverage on the side and rear
of the unit; and add language supporting Parks & Recreation Recommendation (Form E). Motion carred. Vote 5 to 0.
8. Act to accept petition Presented by Go -Crete far voluntary annexation of approximatel'L_! 0. 15 acres of land
located in the Collin County School Land Survev, Abstract No. 147, and being more generally located on the west
side of CR27 north of US380, and to set dates for the 1" and 2"a public hearings. Motioned by Charles Niswanger
and seconded by Larry Tracey to accept the Annexation Petition presented by Go -Crete and to set the dates for two
public hearings on May 13, 2003, and May 20, 2003. Motion carried. Vote 5 to 0.
Djcuss and po$sjbly act on future direction of Master Plan. Mayor Dunmire explained that Council had met with
Mesa on Several occasions and challenged them to come hark with altarrathioc_ hi it rnno hy.d hoen reCeiVed. He
advised that he would ask Mesa to come back with alternatives within 7 to 10 days.
Mayor Dun mire advised that he had met vrI'l l TXDOT to discuss kl eir ii intentions for SH289. He wanted to 11 out from,
�
them what they considered realistic. TXDOT indicated no current plans for the widening of SH289 north of US380;
however, enough right-of-way had been secured to widen that portion of SH289 to 6 -lanes.. SH289 could easily be
widened into 6 -lanes at minimal or no cost to the Town. They also indicated that no right-of-way had been secured for
future widening of BUS 289. In order to widen BUS289, the Town would be responsible for securing the right-of-ways,
providing environmental studies and funding a large portion of the project. After securing the right-of-ways and providing
the studies, the State would entertain such a project. TXDOT also felt that there was minimal room for widening BUS289,
and if it were widened, they felt 4 -lanes would be the maximum. In regards to the proposed couplet, TXDOT agreed that it
was a possibility; however, their funding for such a project would be minimal.
TXDOT had explained that the right-of-ways would need to be secured and funding in place before they would entertain a
presentation by the Town. Funding through TXDOT is based on traffic studies and environmental studies surrounding the
wants of people, etc. If it were not beneficial to the "overall' transportation plans of the State, it would rate very low in
qualifying for State funding. This would also affect the timing of the project and could result in TXDOT putting the project
on the "back burner". TXDOT agreed that the project could be completed; however, the question would be "when" (it
would be completed) and "how much" (it would cost the Town). It could be a matter of getting the project completed long
after it is actually needed. TXDOT was concerned that this project may not be consistent with their transportation flow.
TXDOT felt that this area would eventually need 6 lanes on SH289 and 2 lanes on BUS289 to adequately handle the
long-term flow of traffic. TXDOT strongly urged the Mayor to immediately enter into discussions with the neighboring
communities to the north. They recommended immediate initiation in order to get the project scheduled for future
construction.
Glen Gammons, EDC Member, recommended Council put their request for additional alternatives in writing to Mesa.
Mayor Dunmire stated that Council had verbally made the request for alternatives at past meetings, but presently they had
not seen such options. He agreed to put into writing the desire of Council to see alternatives which would include Preston
Rd. and the Tollway. The fact that only one alternative had been presented seemed to be the most controversial issue
surrounding the Master Pian.
Mayor Dunmire stated that another concern was that the Master Plan was supposed to give a framework for ordinances
which would help to create the "vision". At this point, he did not feel enough information had been given to write such
ordinances.
Mesa also appeared to disregard the current zoning already in place in certain areas. This was another reason the
Council wanted various alternatives. In the event the Town chose to rezone, Council felt it could potentially result in costs
to the Town if the landowners chose to fight the action.
No action taken
OOI�'7
DEPARTMENT ITEMS
10 Discuss and possibly act on construction of new central fire station. Chief Tucker presented Council He
stated that they had been working on a new fire station for a number of years. He felt confident that the design was one
which would meet their needs and allow for growth. The architecture will blend with the surrounding neighborhood where
it is built. It will be 10,600 sq. ft. with 4 bays, costing approximately $110/sq. ft, The total estimated cost is $1.2 million.
The price does not include landscape; therefore, they plan to ask for donations and volunteers. No action taken.
11. Authorize Town Administrator to advertise for a Construction Manager at Risk for the new central fire station.
Motioned by Charles Niswanger and seconded by Jeff Walker to authorize the Town Administrator to advertise for a
Construction Manager at Risk for the new central fire station_ Motion carried. Vote 5 to 0.
12 Authorize Fire Chief to apply for Brush Truck Grant. Motioned by Charles Niswanger and seconded by Larry
Tracey to authorize the Fire Chief to apply for Brush Truck Grant. Motion carried. Vote 5 to 0.
13. DiScljgs 4A 4B les Tax. Mayor Dunmire explained the current situation surrounding the 4A/4B Sales Tax. At one
time, the EDC wanted to re-classify from a 4A to a 4A/48 corporation which would provide more latitude for parks and
beautification projects. An election was held to make that change. Apparently, there was some misunderstanding about
the intent, and the election was held incorrectly; however, it was not until recently that this was brought to the attention of
the Town and EDC. According to the State Comptroller, the EDC is still considered a 4A corporation. Mayor Dunmire did
not feel the election was misrepresented to citizens, but it seemed the State felt the ballot language was incorrect.
Communications recently began between the State Attorney General's Office and the Town to see how quickly another
election could be held. It appears September 5, 2003, would be the earliest that it could be done. In the interim, the
Town Attorney will research what can be done with funds that have already been set aside for Parks & Recreation. Until
the election, monthly transfers from Sales Tax Revenue should be halted.
No action taken.
14. Consider and act tipon-apl2roval of the Agreement by and between e Town of Pragger. Team, !0 nt n
County Fresh Water Sungly District 0 Huff€nes gommunities, Inc Binary Investments Inc., healed Bid OFW
L -P. Inwood Plaza Joint Venture n he C€t f Fri o Texas,- Mayor Dunmire advised that the agreement was not
available. No action taken. Item tabled.
15. Town Administrator overview of Committee/Department Reports presented in previous Work -Session.
Jennifer Finley briefed Council on the various report.
The Police Department issued 44 citations for the month of March. They continue the search for an additional officer to
fulfill the COPS Grant. An Open House is planned for April. An exact date is unknown.
The Fire Department responded to 27 incidents in the month of April_ Fifteen of those calls were from Celina.
16. Adiourrl. Mayor Dunmire adjourned the meeting at 10:40pm.
Attes
O�
Town Secretary Amber POI Mayor C es Niswanger