05.06.2003 Town Council Minutes SpecialMinutes (approved 5/13/03)
Special Meeting of the Prosper Town Council
601 S. Church Street
Prosper First Baptist Church Children's Building (South Wing)
Tuesday, May 6, 2003, 7:00prn
I. Cal tp Order RQII Qall.
Mayor Dunmire called the meeting to order at 7:22pm.
Council Members present: Mayor Jim Dunmire, Mayor Pro -Tem Jeff Walker, Michael Perry and Russell Kaker. Charles
Niswanger and Larry Tracey were not present.
Also present: Town Administrator Jennifer Finley, Planning/EDC Director Doug Mousel, Town Attorney Richard Abernathy, Town
Engineer Travis Roberts and T CibVn Secretary A ber Phillips.
22. Act io canvass returns_€rQnt the Towp"s May J. 2003 Genera Election.
Jennifer Finley read aloud the results of the May 3`d General Election as follows:
Mayoral Candidates:
Place 1 Candidates
Place 2 Candidates:
Michael Perry 128
Mickey Claris 10
Charles Niswanger 324
Larry Tracey 178
Ane Casady 225
Rick Cowens 57
Janet Phillips 196
Lisa Dritschler 251
Motioned by Jeff Walker and seconded by Russell Kaker to canvass the returns from the Town's May 3, 2003 General Election.
Motion carried. Vote 3 to 0.
3. Discuss and gossibly act to authorize the T wry Admini trator to publi§h advertisement for bids for
the construction of a 20" water line from Frisco, Texas, north to Highway 380.
Mayor Dunmire explained that the proposed water line would run from US380 northward to Prosper.
Travis Roberts explained that agreements exist between the Town of Prosper and North Texas Municipal Water
District (NTMWD), between the City.of Frisco and NTMWD, and between the Town of Prosper and the City of Frisco.
The agreements will allow NTMWD to service the Town via Frisco's lines until such time NTMWD has lines in place
for Prosper to tie into.
Travis presented the two options for which he prepared estimates. Option 1 would run the line from US380
northward to East First Street at an approximate cost of $306,968.00. Option 2 would run the line from US380 to
East First Street and then eastward down East First Street to tie into the existing ground storage tank and wells
located on the south side of East First Street, at an approximate cost of $539,895.00. Option 2 would allow for a
more uniform blending of the well water and surface water which would result in much better tasting water. For that
reason, Travis recommended Option 2 but advised that both options would be bid.
Motioned by Michael Perry and seconded by Jeff Walker to authorize the Town Administrator to publish
advertisement for bids for the construction of a 20" bore under US380, including the valves and meter, and a 12" line
north along SH289 to tie into the Town's water system. Motion carried. Vote 3 to 0.
4. Presentation by Mesa on revisions to the Master Plan.
Robin McAffrey, Mesa Design Group, presented Council with the revisions made to the proposed plan at the
direction of council. He explained that they attempted to retain many of the elements originally presented in the first
draft, including low density development and a rural feel. The revision included the elimination of the couplet, the
addition of 4 lanes on Preston Rd. and 2 lanes on Coleman. Robin stated that the revised plan took into account the
existing zoning in certain areas. He pointed out certain areas that created challenges due to mixed (conflicting)
zoning and recommended overlay districts to help deal with those challenges. The revised pian also took the
Tollway into consideration as a special overlay district.
Robin and Doug Mousel, Planning/EDC Director, agreed that the need for several overlay and sub -districts indicated
inadequacies in the Town's existing zoning. Doug recommended they strengthen zoning standards versus creating
numerous overlay districts but agreed that special districts should be created specifically for the Tollway and US380
corridors.
Council discussed potential locations for a civic area. They also asked Mesa to include the following with their next
revision:
• Potentially revise the thoroughfare plan west of County Line Rd. to create a loop system that extends
adjacent to area floodplains.
• Remove the water easement east of Coit Rd.
Designate a Tollway District from US380 to FM1461.
Council directed Doug to meet with the EDC regarding the latest revisions. He would collect the EDC's comments as
well as any additional comments from new council members and the Town Engineer and then meet again with Mesa
regarding the compiled comments and suggestions.
5. Discuss and possibly act on future direction of Master Plan.
No action taken. Item tabled until May 20, 2003.
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Mayor Dunmire adjourned into executive session at 7:35pm and reconvened into regular session at 8:56pm. As a
courtesy, newly elected Council Members, Lisa Dritschler and Ane Casady, were invited into executive session by
Mayor Dunmire although they had not been sworn into office.
7. Consider and act u on approval of an agreement between the Town of Prosper, Texas and the Denton
County Fresh Water Sup ly District Huffines Comonunities. Inc.. Binary Investments Inc. Sealed Bid DFW
L.P., Inwood Placa Joint Venture and the City of Frisco, Texas.
Mayer Dunmire explained that the agreemenl was created as a result of a proposed deveiopment located in the
western portion of the area bounded by the Town's ETJ in Denton County; however, the property is not part of
Prosper's ETJ. A municipal utility district (MUD) was created in this area_ The MUD will service water and sewer to
the development. The streets within this area will be maintained by a homeowners' association, and they will most
likely contract with the Town for tire, police and EMS services. The development will not be part of the Town of
Prosper, and the Town will have no control over the development standards.
Mayor Dunmire stated that this is not the type of development that is complimentary to Prosper Taut felt the
agreement could bring it a step closer to the standards that they desired. The Town could not prevent the
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development regardless of whether the agreement was approved. He explained that they had exhausted every
measure in an attempt to gain control over this development and protect the integrity of Prosper.
The agreement would provide the Town with certain right-of-ways and easements as well as various limited controls
over the development standards. It would require all parties involved to withdraw their protests to the Town's CCN
application in the Denton County portion of the ETJ and require the Town withdraw its protest to the water district's
CCN application within this particular area. The agreement would also limit the number of developments that the
water district could take on.
Dan Tolleson, 110 East Third St. and representative for Mahard Egg Farm, presented Council. He read aloud a
letter indicating their disapproval with a residential subdivision near their cattle and poultry operation. He felt that it
would invite controversy, and he recommended a green belt buffer on the western portion of the Huffines property.
The letter clearly stated Mahard's intent to stay in business and their intent to do anything necessary to continue their
operations.
Mr. Tolleson, also being a member of the school board, mentioned his desire for a school site in that area
Joann Slaven, 203 N. Parvin St., asked if the Town would provide services to this development. Mayor Dunmire
explained that the Town would not provide %,vMer and sewer services. At a fee, the Town could enter into an
agreement to provide police, fire and EMS protection in this area.
Glen Gammons, 45A Rhea Mills Circle, questioned the number of proposed lots and lot sizes. Mayor Dunmire stated
that Huffines had proposed 2100 lots with a minimum lot size of 4,200 sq. ft.
Mr. Gammons asked if the EPA would have any ruling in regards to environmental issues with a residential
development next to Mahard. The Mayor did not believe that was an issue.
Peter Daugherman, 4317 Druid Lane, University Park, Texas, asked if the development would ever be part of the
Town of Prosper. Mayor Dunmire explained that the Town would have the ability to annex the property at some point
in the future. However, the water district has a 25 -year bond which would have to be assumed by the Town if the
Town chose to annex the property prior to the 25 -year debt being paid off by the water district.
Mayor Dunmire entertained a motion to act upon Agenda Items 7 and 8_
Motioned by Russell Kaker and seconded by Michael Perry to act upon an agreement, and to authorize the Mayor to
execute the said agreement, between the Town of Prosper, Texas and the Denton County Fresh Water Supply
District, Huffines Communities, Inc., Binary Investments, Inc., Sealed Bid DFW, L.P., Inwood Plaza Joint Venture and
the City of Frisco, Texas (Agenda Items 7 and 8). Russell Kaker voted to approve the agreement and to authorize
the Mayor to execute same. Michael Perry voted to deny the agreement and to deny authorization for the Mayor to
execute same. Jeff Walker abstained from the vote. Mayor Dunmire was required to break the tie and voted to
approve the agreement and to authorize the execution of the agreement. Motion carried to approve Agenda Items 7
and 8. Vote 2-1-1.
8. Act to authorize the Mayor to execute an agrgeme t etween the Town of Prosper. Texas and the Denton
Cognty Fresh Water Supuly District, Huffines Communities Inc., Binary Investments, Inc., Sealed Bid DFW,
L,P Inwood Plaza Joint denture and -the City of Frisco, Texas.
Motioned carried (see Item 7).
Mayor Dunmire adjourned the meeting at 10:27pm
Atter .i �r' Y
Town Secretary Amber Phillips
ayor Charl isw r