04.22.2003 Town Council MinutesMinutes (approved 5/13/03)
Special Meeting of the Prosper Town Council
609 S. Church Street
Prosper First Baptist Church Children's Building (South Wing)
Tuesday, April 22, 2003, Immediately Following Joint Meeting
J. Gall to Order/Rolf Call.
Mayor Dunmire called the meeting to order at 7:29pm.
Council Members present: Mayor Jim Dunmire, Mayor Pro -Tem Jeff Walker, Larry Tracey, Michael Perry and Russell Kaker. Charles
Niswanger arrived at 9:51 pm.
Also present: Town Administrator Jennifer Finley, Director of Planning Doug Mouse!, Town Engineer Travis Roberts and Town
Secretary Amber Phillips.
2. Di,: :,,cion reaardina the calfina of an election to create a Community Devefooment Cornoration
Mayor Dunmire advised that a Community Development Corporation (CDC) is an entity separate from the EDC. CDC Funds can be
used for various Parks & Recreation type expenditures as well as many other types of projects. The establishment of a CDC would
require an election. The earliest date available for an election would be September 5, 2003.
One-half cent of the Town's sales tax currently goes to fund the EDC. The formation of a CDC would cause the one-half cent to be
split between the EDC and the CDC, but the entities would work separately. Another option would be to eliminate the EDC and only
have a CDC. In general, CDC's (413 corporations) have EDC (4A corporation) capabilities as well as other expanded capabilities.
Michael Perry requested the issue remain a high priority for Council consideration. He asked that both the EDC and Council continue
dialogue surrounding the issue.
Mayor Dunmire requested the Town Administrator prepare an election calendar for the September Election
3. Discuss and possibly act on future direction of Master Plan.
Mayor Dunmire explained that Jennifer sent a letter to Mesa at the direction of Council regarding the Master Plan. The
Letter requested that Mesa prepare two alternative plans to present to Council within 7 to 10 days. For that reason,
Council had scheduled the meeting with Mesa to receive the alternatives_
Jeff Walker read aloud the letter written to Mesa and explained that he did not feel they had adequately presented
Council with the actual cost, reality and timeframe for their proposed plan.
Peter Daughterman (4317 Druid Lane, Dallas, Texas), Rick Cowens (635 Creekview Drive) and Janet Phillips (1223
Chandler Circle) spoke to the Master Plan and asked questions of Council.
Council offered the following recommendations to Mesa regarding revisions to the plan
• Include Broadway in the Town Center concept.
• Make the Tollway and Preston Rd. special districts.
• Remove the couplet.
• Use more specific terminology in regards to zoning (i.e. office tech vs. office industrial, neighborhood retail vs.
commercial).
• Include more retail near FM1461 and Preston Rd.
• Create an east/west connector from the Tollway and bring the in lower and closer to Preston Rd.
• Make Preston Rd. a 2/2 divided 4 -lane road.
• Define existing and pending zoning.
Mayor Dunmire requested Jennifer Finley and Doug Mousel meet with Mesa regarding pending developments and
current zoning. He asked Mesa to prepare alternatives based upon consideration of the recommendations listed by
Council and return May 6, 2003, for presentation. Doug asked Mesa to make their presentation on 24°X36" paper to
save money.
4 Warks & Recreation Presentation of recommend ation for Oeveloaer's and Impact Fee Agrggment between the
Town Ind Whiscorinel F=ms.
Darin Riggs presented Council with the Parks & Recreation recommendation. The plan that they recommended would
ultimately tie the Whispering Farms' trails to the trail systems of La Cima, Willow Ridge and Whitley Place. The
Committee also suggested that the Town: opt to collect all of the park fees up front ($135,000.00); allow Whispering
Farms the ability to install a pedestrian/equine trail system; and accept the lake that the developer offered to donate to
the Town.
The equestrian center was planned to be a privately -owned facility. In the event the equestrian center did not work,
Mayor Dunmire did not wish to see the Town assume responsibility of the equine trails.
Council discussed concerns surrounding liability and maintenance issues in regards to the lake. Darin explained that
the lake would provide passive recreation to the residents. He and Doug explained that they had both researched
issues surrounding a municipality accepting the donation of a body of water. They discovered there is not a critical point
at which a city should provide some type of passive recreation or be prepared to accept such liability. They also found
that such passive recreation, as in the form of a take, should be planned in a manner that will create a regional
attraction.
Michael Beaty explained that he could not donate all of the trails to the Town if Council chose not to accept the lake.
The trails run next to the lake and dam, and his company would not be willing to accept the responsibility of maintaining
a private lake near a public trail.
Doug explained that the homeowners association (HOA) would eventually assume responsibility of the lake if the
Council chose not to take it. The HOA for Whispering Farms will be a small entity, which most likely would not be
capable of maintaining such a lake. If the HOA failed to maintain it, the Town would end up with the lake in the long run.
Doug recommended Council accept the lake donation. Mike Beaty agreed to maintain the lake for 5 -years after which
time the Town would take over. Councilmen Niswanger, Walker, Perry and Kaker agreed. Larry Tracey disagreed with
the acceptance of the lake.
5. Consider and act to accept the Firsl Amendment to thp existing QeY9102er's and Ifflpact Fee re meat
between the Town and Whispering Farms.
Motioned by Larry Tracey and seconded by Michael Perry to table the First Amendment to the existing Developer's and
Impact Fee Agreement between the Town and Whispering Farms. Motion carried. Vote 5 to 0.
6. Consider and act to accept the Final Plat with Construction Plans for Whispering Farms Phase 1.
a r ima eI 12'1.4$ti acres containin 73 rssident't _! I t _and 2 commercial lots.
Travis Roberts and Doug Mousel recommended consideration for Council approval. Travis also stated that various
funding issues would need to be addressed in the Developer's and Impact Fee Agreement.
Motioned by Jeff Walker and seconded by Russell Kaker to accept the Final Plat with Construction Plans for Whispering
Farms Phase 1 subject to: the completion of items addressed in Travis Roberts' letter dated April 10, 2003, the
completion of planning review by Doug Mousel and the finalization of the Developer's and Impact Fee Agreement.
Motion carried. Vote 5 to 0.
7. A�ourn.
Mayor Dunmire adjourned the meeting at 12:15am
Attest:
Town Secretary Amber Philifps
f.
Mayor Wes Niswanger