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07.15.2003 Town Council MinutesMinutes (approved 8112103) Regular Meeting of the Prosper Town Council y Planning, Zoning & Development Issues 601 South Church Street Prosper First Baptist Church Children's Building (South Wing) Tuesday, ,July 15, 6:00pm 1, Call to Order/ Roll Call. 11Anvnr Niswannar yalleri tha mePting fn nrrlar f F -- a, 6:1 Council Members present: Mayor Charles Niswanger, Ane Casady, Karie Dalton and Russell Kaker. Michael Perry arrived at 6:29pm. Lisa Dritschler was not present. Also present: Planning/EDC Director Doug Mouse[, Town Engineer Travis Roberts and Town Secretary Amber Phillips. Town Attorney Richard Abernathy arrived at 6:52pm. 2. Discuss possible planning and design of future Town Hall 1 Police Facility with Perkins and Will, architectural firm. Perkins & Will presented Council with "City of Prosper, Town Hall Project Presentation, July 15, 2003 -Building on History", a power point presentation which included the following: Perkins & Will Experience Founded in 1935 Most work from repeat clients Been in this area for approx 15 years Based out of Chicago Award winning National company Range of Experience- Henry County Courthouse, GA and Federal Courthouse, CA; locally --1,000 acres of town centers, 500,000 sq. ft. of city halls, 50 libraries, over 20 citywide facility studies for municipal needs assessment/ master plans; local jobs --Cedar Hill, Carrollton, Forney, Allen, Waxahachie, Rockwall, Rowlett, Hurst, Granbury: Irving and Plano. Care - Our Process Team Built of: Blum Engineers for Mechanical and Electrical Assessment / Planning, PBS&J for Civil Engineering and L.A. Fuess Partners as Structural Engineers. The Needs Assessment Process would include: 1.) Project Initiation Meeting and 2.) Vision Session. The Site & Facility Analysis would include: 1.) Data Collection & Analysis, 2.) Site and Existing Facilities Analysis, and 3.) Research. Facilities Program Development would encompass: 1.) Program Development, 2,) Analysis of Comparative Cities, and 3.) Analysis of Facility Needs / Space Utilization Plan. Their process would also include Preliminary Budget Development, Facility Master Plan Concepts and a Preliminary Schedule for Needs Assessment (roughly about a 10 week study). Respect -Unque Identity Their Strengths included specific experience, depth of experience, municipal experience, commitment & responsiveness and vision to help Prosper realize its full potential. Following the power point presentation, Perkins & Will answered several questions raised by Council. VU4+� U 3. Consider and act upon a preliminary plat of Glenbrook Estates being 445 single-family lots, one commercial lot, and eJciht-open space lots on -1 07.8+1- acres on the southeast corner of FMI385 and Fishtrap Road. Motion by Russell Kaker and seconded by Ane Casady to adjourn into executive session pursuant to the Texas Open Meetings Act, Texas Government Code 551.001, et seq., for the purpose of Section 551.071, Private Consultation with the Town Attorney. Motion carried. Vote 4 to 0. Mayor Niswanger recessed into executive session at 7;12pm. Motioned by Russell Kaker and seconded by Ane Casady to adjourn out of executive session. Motion carried. Vote 4 to 0 Motioned by Russell Kaker and seconded by Ane Casady to reconvene into regular session. Motion carried. Vote 4 to 0. Mayor Niswanger reconvened into regular session at 7:41 pm. Doug Mouse[ presented Council with an overview of the proposed preliminary plat. He explained that the property was located within the Town's extraterritorial jurisdiction (ETJ) but had not been annexed. For this reason, the Town's Subdivision Ordinance would apply to the property, but the Town's Zoning Ordinance would not; therefore, the Town would not be able to regulate land use, dwelling size, lot width, lot depth, lot area and overall density of the property. He further explained that the property was located within the Denton Independent School District rather than the Prosper Independent School District. The requirements of the Town's Subdivision Ordinance stated that schools, parks or other public areas be designated on a preliminary plat as indicated in the Town's Comprehensive Plan or in accordance with Town policy. Mr. Mousel contacted the Denton I.S.D. in an attempt to discuss the need for a school within this subdivision, but the District expressed no current need for a school within the proposed subdivision. Mr. Mousel presented Council with staff concerns. The preliminary utility plans submitted with the preliminary plat indicated that water and sewer services would be provided by the Upper Trinity Regional Water District and via the Doe Branch wastewater treatment plant (which could result in the formation of a fresh water supply district) or, as an alternative, by the Town of Prosper via a connection to the City of Frisco water and sewer lines. Mr. Mousel explained that the Town Engineer had identified a scenario in which water and sewer service could be extended to the property. Bob Petitt, civil engineer for applicant, respectfully requested approval of the preliminary plat. Kirk Wilson, Fishtrap Properties representative, presented Council and offered to accept questions. No questions from Council. Mr, Mousel's recommendation was to approve the proposed property subject to modification of the preliminary utility plans to reflect the source of water and sewer as decided by the Texas Commission on Environmental Quality (TCEQ) and the reservation of a school site if deemed necessary by the Denton Independent School District. Motioned by Russell Kaker and seconded by Ane Casady to accept the preliminary plat of Glenbrook Estates, being 445 single- family lots, one commercial lot, and eight open space lots on 107.8+1- acres on the southeast comer of FM1385 and Fishtrap Road, subject to staff recommendations regarding water /sewer and a school site as listed by Doug Mousel. Michael Perry opposed. Motion carried. Vote 3 to 1. 4. Discuss and possibly direct staff re^aq_rdingthe preparation of the Comprehensive Master Plan_ Doug Mouse[ advised Council that the purpose of this agenda item was to discuss the general outcomes of the meetings with TXDOT, Blue Star Land and Angel Properties, and to reaffirm status of the master plan. Representatives of the EDC, Council, MESA Design Group, and the Town Staff met with TXDOT on July 2, 2003. TXDOT explained that the Town could propose any type of thoroughfare plan, and they (TXDOT) would react. In regards to Preston Road north of US380, TXDOT explained that it could be 20 years before they would need to widen as they had in Frisco. However, the widening through Frisco had not been foreseen to happen as quickly either. In that situation, the City of Frisco helped to fund the widening which expedited the project. TXDOT advised that Prosper could possibly do the same thing. TXDOT representatives were very optimistic about a grade separation at US380 and Preston. Mr. Mousel explained that a couplet was also discussed at the meeting with TXDOT. TXOT representatives stated that their main charge was to expedite the flow of traffic along roadways and voiced capacity and efficiency concerns regarding the idea of a couplet. The representatives did not discourage the couplet but did express concerns. Mayor Niswanger elaborated more on the meeting, as his impression was that TXDOT was not in favor of the couplet. The Mayor advised that one of the representatives had stated that the Town would eventually regret it because he did not feel that it would effectively move traffic. In regards to financing the couplet versus the widening of Preston Road, Mayor Niswanger advised that Bill Lovill, TXDOT representative, felt that the Town would most likely be required to finance the couplet 100%; however, the financing for the widening of Preston Road could be jointly funded or even funded 100% by TXDOT. Mouse! explained that during the meeting with US380iPreston Road property owners, one of them had expressed skepticism surrounding the couplet idea and questioned it for various reasons. Mousel explained that he left that meeting with a sense that those property owners would most likely draw up an alternative thoroughfare plan for the interiors of their properties. The Mayor and Mayor Pro -Tem felt that the property owners, both Blue Star and Angel Properties, expressed the sentiment that the Town would have to condemn their properties in order to build the couplet. Rick Cowens, 635 Creekview Drive, asked for clarification regarding the funding of roads. Mayor Niswanger stated that if the Town chose to build the road(s), then the Town would be responsible for funding them. if the landowner chose to build the road(s), then he would be responsible. Mr. Mousel explained that large thoroughfares are ultimately funded by the municipality or through the development. Smaller streets, collector streets, etc., are generally funded by the developers; therefore, Mousel could not determine who would be responsible for funding until a meeting could be held to discuss alternatives, Jim Herblin, EDC Chairman, encouraged everyone to not get presumptuous because of the outcomes of any of the meetings. He agreed that the comments regarding the couplet had been expressed by TXDOT; however, he explained that the concept of the couplet was to draw people to the retail zone and then get them back out onto the road. He did not feel that TXDOT's feelings regarding the couplet should matter. He also asked Council not to "pre -judge" TXDOT, Blue Star Land or Angel Properties. Mr. Mousel felt that the couplet /Preston Road issue was the main obstacle in bringing a conclusion to the master plan. He explained that they would meet with US380 and Preston Road property owners again regarding alternatives and try and bring that to closure. Mr. Herblin recommended the Council empower him and Doug Mousel to continue work on the master plan and bring something back to Council. Mayor Niswanger felt that completion of the master plan was hindering development, and he asked that Mousel and Herblin be prepared to bring a recommendation back to the Council by the first regular scheduled meeting in September. Herblin and Mousel agreed. 5. Discuss and possibly act upon Development Agreement between the Town of Prosper and Robert L. Reynolds, Willie Ray,Reynolds, Sue Ann Vest Van Nichols and Kim Herron regarding 292.30 acres of land. more or less specifically located on the northwest corner of CR3 (Fishtrap Road) and CR6 (Counter Line Road), Motioned by Michael Perry and seconded by Russell Kaker to adjoum into executive session pursuant to the Texas Open Meetings Act, Texas Government Code 551.001, et seq., for the purpose of Section 551.071, Private consultation with the Town Attorney. Motion carried, Vote 4 to 0. Mayor Niswanger recessed into executive session at 7:49pm. Motioned by Ane Casady and seconded by Kade Dalton to adjourn out of executive session and reconvene into regular session. Motion carried. Vote 4 to 0. Mayor Niswanger reconvened into regular session at 8:43pm. Van Nichols, 10760 CR132, Celina, TX 75009, and Bill Dahlstrom, 901 Main Street, Ste. 600, Dallas, TX 75202, offered to answer any of Council's questions. Based on conversations with Council and a better understanding of Council's views, Town Attorney Richard Abernathy recommended the Mayor, Staff and he be allowed to continue meetings and conclude finalized negotiations. He requested that Van Nichols consider continued meetings with them if Council so chose to table the agreement. Van Nichols and Bill Dahlstrom agreed but advised that they would like to do so quickly. Mr. Mousel agreed to coordinate a meeting in the next day or two. Motioned by Russell Kaker and seconded by Ane Casady to table Item 5. Motion carried. Vote 4 to 0. 6. Discuss and possibly act upon establishing Outside Town Limit Water Rates for customers transferring from the Danville Water System upon Prosper's acquisition of Danville's CCN within Prosper's ETJ. Jennifer Finley provided Council with a recommendation to establish water rates for the transferring customers the same as the water rates charged to customers inside the city limits. Mayor Niswanger agreed with Ms. Finley's recommendation. Melanie Kane Corley, 1826 Honeysuckle Lane, explained that the rate sheet they received in the mail regarding the proposed rates indicated Outside City Limit Rates would be charged. Mayor Niswanger explained that customers outside of the city limits generally pay double because they request water service and do not annex into the Town. He explained that these rates are set to encourage voluntary annexation; however, due to the current situation, he felt Council should consider extending Inside Town Limit Rates to the Danville customers residing outside of the Town limits. Sam Geiger, 1755 Honeysuckle Lane, questioned whether the Town would be required to raise rates in order to fund the line coming from Frisco. Mayor Niswanger and Mayor Pro-Tem Perry advised that the water line from Frisco had already been factored into the current water rates. Motioned by Karie Dalton and seconded by Ane Casady to establish Outside Town Urnit Water Rates for customers transferring from the Danville Water System upon Prosper's acquisition of Danville's CCN within Prosper's ETJ in accordance with the same rates as Inside Town Limit Water Rates. Motion carried. Vote 4 to 0. 7 Act to authorize the Town Administrator to prepare amendment to the Town's Fee Schedule as related to Outside Town Limit Water Rates for Danville Customers. Motioned by Karie Dalton and seconded by Ane Casady to authorize the Town Administrator to prepare an amendment to the Town's Fee Schedule as related to Outside Town Limit Rates for Danville Customers, Motion carried. Vote 4 to 0. 8. Act to accept Petition presented by Thomas Bull owner, and Skorburn Cornnany, applicant, for the volunta . annexation of approximately 61.70 acres of land located in the Collin CounbLRchool Land Survey, No, 12, Abstract No. 147, north of CR4 (Prosper Trail] near Coleman Street and to set dates for two _Lablic Hearn sand salt for Service Pian. Ryan Betz, applicant representative, presented Council with a request for acceptance of the annexation petition. The landowners, Bernice and Thomas Bull, were not present. Motioned by Russell Kaker and seconded by Karie Dalton to accept the Petition presented by Thomas Bull, owner, and Skorburg Company, applicant, for the voluntary annexation of approximately 61.70 acres of land located in the Collin County School Land Survey, No. 12, Abstract No. 147, north of CR4 (Prosper Trail) near Coleman Street, and to set dates for two Public Hearings and call for a Service Plan. Motion carried. Vote 4 to 0. 9. Review and adjust Preliminary Revenge Estimates for the 2003-04 Fiscal Sucijet. Amber Phillips presented Council with the proposed revenues for the 2003-04 Fiscal Year as prepared by Staff. The final property values had not been received from the Central Appraisal District; therefore, the proposed figures included property tax estimates based upon the preliminary tax roll. As proposed, the total revenue estimates (all funds combined) would result in the following increases in revenues from FY02-03 to FY03-04 in relation to adopting the corresponding tax rates: $0.319% = 27% increase; $0.34 = 29% increase; and, $0.36 = 30% increase. The increases were extremely significant in comparison to the reduction in revenues from FY01-02 to FY02-03. Furthermore, Ms. Phillips explained that the Staff used very conservative figures in estimating the upcoming year's revenues. Council agreed to revisit the proposed revenues at the next Budget Workshop. No formal action taken. 110. AdIourn. Motioned by Ane Casady and seconded by Kade Dalton to adjourn the meeting. Motion carried. Vote 4 to 0. Mayor Niswanger adjourned the meeting at 9:45pm. —-At:tas Douglas C1 Mousel, interim Town Secretary /-/� 14z�- Charles fs a'r, ayor