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12.09.2003 Town Council Minuteskw Towm Of Prosper Minutes (approved) Regular Meeting of the Prosper Town Council 601 South Church Street Prosper First Baptist Church Children's Building (S. Wing) Tuesday, December 9, 2003 7:00 p.m. 1. Call to Order I Roll Call. Roll call was taken by the Town Secretary. Mayor Charles Niswanger called the meeting of the Prosper Town Council to order at 7:03 p.m. Council members present: Mayor Charles Niswanger, Mayor Pro -Tem Michael Perry, Ane Casady, Lisa Dritschler, Karie Dalton and Russell Kaker. Staff members present: Town Administrator, Doug Mousel; Director of Planning, Mitch Humble; Police Chief, Kirk McFariin; Director of Public Works, Bill Little; Fire Chief, Ronnie Tucker; Tax Assessor Collector, Radean Herron; and Town Secretary, Shanae Jennings. CONSENT AGENDA 2. Approval 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.) MINUTES a. Consider and act upon the following minutes from past Council meetings: • November 11, 2003 Work Session • November 11, 2003 Regular Meeting ■ November 18, 2003 Work Session • November 18, 2003 Regular Meeting for Planning, Zoning and Development Issues ANNEXATION AND DEVELOPMENT APPLICATIONS b. Consider and act upon approval of a preliminary plat of the Preston 48 Addition, being a restaurant, a convenience store with gas pumps, a mini -warehouse facility, a car wash, and two retail buildings on six lots on 9.1± acres at the southwest corner of S.H. 289 (Preston Road) and C.R. 48 (future Prosper Trail). c. Consider and act to accept a Petition presented by James Shanahan (A 2003.05), and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 146.407 acres of land, and being more generally located at the southeast corner of Burlington Northern Santa Fe Railroad and State Highway 439. d. Consider and act to accept a Petition presented by James Shanahan (A 2003-06), and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Spencer Rice Survey, Abstract No. 787, Collin County, Texas, containing 199.407 acres of land, and being more generally located at the northwest corner of State Highway 289 and CR 48. e. Consider and act to accept a Petition presented by Blue Star Land, Inc. (A 2003.07), and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Collin Page 1 of 8 County School Land Survey, Abstract No. 147, Collin County, Texas, containing 29.664 acres of land, and being more generally located on the east side of State Highway 289 and 1,400± feet north of CR 78. f. Consider and act to accept a Petition presented by B° ;e Star Land, Inc. (A 2003-08), and to set dates for two public hearings and call for a service plan for the vols °Mary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 172, Collin Ce unty, Texas, containing 149.997 acres of land, and being more generally located at the southeast comer of State t;ighway 289 and FM 1461. g. Consider and act to accept a Petition presented by Cha:es Angel, Jr. (A 2003-09), and to set dates for two public hearings and call for a service plan for the voluntary am exation of a tract of land located in the J. Yarnell Survey, Abstract No. 147, Collin County, Texas, containing 157. 3 acres of land, and being more generally located at the northwest comer of US 380 and State Highway 289. AGREEMENTS h. Consider and act upon a Regional Wastewater System C °ntract and an Interceptor System Contract between the Town and the North Texas Municipal Water District (NTi< qVD) regarding the provision of regional wastewater services to the Town, and to authorize the Mayor to exe( ite the same. i. Consider and act upon an agreement between Denton C unty and the Town regarding the maintenance of the portions of Parvin Road located within Denton County a d the Town, and to authorize the Mayor to execute the same. j. Consider and act upon a Wholesale Water Transportatie Contract between the City of Frisco and the Town of Prosper L_ allow the T_. a_ L_LI_ ...�..L__ _... a. _ l__rn AL �1__L T_____ : l "'a' a--� --' a_ ri vaNc� w ailuw u�C vrliii LV receive a potaul� W LVI but =pry orvrn [ne n®r[h eras Municipal rraier D15111G[ ana to authorize the Mayor to executive the same. ORDINANCES AND RESOLUTIONS k. Consider and act upon an ordinance to freeze ad valor m taxes for residential homestead property owners who are disabled or 65 years of age or older. I. Consider and act upon an ordinance for the voluntary a_=-=ation of a tract of land located in the Spencer Graham Survey, Abstract No. 359, James Stone Survey, Abstr,:,c.t No. 487, and the I.C. Williamson Survey, Abstract No. 948, Collin County, Texas, containing 645.426 acres, si a and except the portion of the property lying east of a line one-half mile east of and parallel to the west bour-.`ary of the property and being more generally located at the northeast corner of U.S. Highway 380 and C.R. 74. (RASOR — A 2003-02) m. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in the Spencer Graham Survey, Abstract No. 359, James Stone Survey, Abstract No. 487, and the I.C. Williamson Survey, Abstract No. 948, Collin County, Texas, containing 645.426 acres, save and except the portion of the property lying west of a line one-half mile east of and parallel to the west bourw,'ary of the property and being more generally located on the north side of the U.S. Highway 380, 2,640 feet east of C.R. 74. (RASOR - A 2003-03) n. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, Containing 80.37 acres of land, save and except the western most one foot parallel to the west boundary line of the property, and being more generally located at the southeast corner of C.R. 49 and C.R. 5. (METTEN — A 2003-04) o. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in the Collin County School Land Survey No. 12, Abstract No. 147, Collin County, Texas, containing 61.7+ acres, being more generally located on the northwest corner of the Burlington Northern -Santa Fe Railroad and C.R. 4 (future Prosper Trail). (BULL - A 2003-01) Page 2 ox R FINANCIALS p. Consider and act upon the financial statements ending October 31, 2003 and November 30, 2003. Doug suggested that Council remove item H from the agenda so that the Town Attorney could review the contract. Lisa Dritschler made corrections to the minutes of the following meetings: November 11, pg. 2, item 5 paragraphs 8 - instead of 2,000 square foot lots it should say "2,000 square foot homes" and at the end of the sentence it should state "in large numbers." Page 5, item 14, paragraph one - change the word facility to "facilities." Page 6, item 19, bullet number three - take the word not out of the sentence. November 18, page 3, item 8, paragraph 4 - take the Y off the word not. It should say no instead of not. Mayor Pro -Tem Michael Ferry would like to remove items B and K from the consent agenda to discuss separately. He believes item K warrants more thought and consideration than to be approved on the consent agenda. Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to approve the consent agenda with the minutes as amended, removing items B, H, and K for further consideration. Motion approved 4-0. Council member Ane Casady abstained. Discussion was held concerning items that were pulled from the Consent agenda. Mitch discussed item 2B stating that the property is zoned for commercial development and the uses are within the zoning, therefore it meets minimum standards per the ordinances. Mayor Pro -Tem Michael Perry expressed concern that mini storage, a restaurant, a convenience store with gas pumps, a car wash and two retail buildings is an extremely dense use of this property, as well as a traffic strain in and around the area. He is adamantly opposed to self storage units. He is also concerned that this will not be in sink with what the Council and community hope to define as the Prosper look and feel. Doug stated that there are several uses and structures possible for this area, but that the plan meets minimum requirements for this use and the Council is urged to approve, as they have no legal grounds for denial. Council asked how long it would take to complete the development and what kind of time table they are looking towards. Developer Scott Norris spoke and stated that phase one would begin approximately in June. Russell Kaker asked if two fences would be on the back of this and Mr. Norris said no. Mayor Charles Niswanger asked how many units of storage this would include, and they stated it would be about 500 at build out. Lisa Dritschler asked if there would be a phase in, and Mr. Norris stated that they would start at the area furthest from Preston, and go from there. Total time for the entire project would range from 36-48 months. Mayor Pro -Tem Michael Perry is hesitant to approve this because he does not want to see self storage units and a car wash on Prosper's main thoroughfare. Sally Holmburg,1506 Riverhill Drive, Prosper, TX. spoke. She is concerned that we keep talking about a Prosper look, but wants to know what a Prosper look is and feels that Council needs to stop talking about it and define one. Motioned by Russell Kaker, seconded by Lisa Dritschler to approve the preliminary plat of the Preston 48 Addition, being a restaurant, a convenience store with gas pumps, a mini —warehouse facility, a car wash, and two retail buildings on six lots on 9.1 ± acres at the southwest comer of S.H. 289 and C.R. 48. Lisa Dritschler and Russell Kaker voted in favor of the motion, Mayor Pro -Tem Michael Perry, Karie Dalton and Ane Casady opposed. Motion failed, 3-2. Applicant asked that we act in accordance with zoning regulations. Town Administrator Doug Mousei indicated that absent our attorney being here he has to emphasize that this is in fact a use that is permitted by right and Council has a duty to approve the plat. Planning Director Mitch Humble suggested there are several steps between approval of the preliminary plat and an actual build start time; He indicated that during this time is when Council is encouraged to make changes. Page 3 o!'8 Mayor Pro -Tem Michael Perry again stated his concerns are the mini vlvarehouses, the density, lighting standards that could be detrimental to residential housing and the in and out of traffic. Mr. Nora ss asked that the Council forward their concerns to Doug and the applicant will make sure to address them. Mr. Norris asked if they were to waive their rights until January, could he get information back by the January 131h Council meeting so that they could bring engineering and architectural design back at that `.ime. Doug stated that Mitch will send an email out to council to solicit information if this is what they want do. Mr. Norris formerly asked that they defer the plat until Jan. 13th. Russell Kaker motioned, seconded by Kade Dalton for Council to defer action on the approval of the preliminary plat of the Preston 48 Addition unfil the January 13th meeting. Motion approved 4-0. Lis= Dlitschler opposed deferral of the plat. Doug Mouses addressed the issues concerning his recommendation ti) table item H of the consent agenda. He stated he would like the Town attorney to review the contract, he himself would like more t mle to review funding sources for the contract and he would like time to discuss sewer service plans for the Town's ETJ. Mayor Pro -Tem Michael Perry motioned, seconded by Russell Kaker i.o :able the Regional Wastewater System Contract and an Interceptor System Contract between the Town and the North Texas 4,Au.Acipal Water District regarding the provision of regional wastewater services to the Town. Motion approved 4-0. Karie Daltc as absent during the vote. Item K, which was pulled from the consent agenda and pertains to the t: --x freeze for disabled and residents 65 years of age and over was discussed. Mayor Pro -Tem Michael Perry asked what othei cities currently do this, and Doug indicated that he did pull this information from other cities, although none were from Collin County. Mayor Charles Niswanger indicated Farmersville, McKinney, Allen and a few others are looking at doing this. Lisa DdtJcI ler motioned, seconded by Russell Kaker tU adopt all orUi :_lice to freeze ad valorelll taxes fur residential llolllestead property owners who are disabled or 65 years of age or older. Motio. _-.d approved 3-0. Karie Dalton was absent during the vote. Michael Perry abstained stating that he is not against passing this iter:, but that before he votes to do so he needs more information. COMMENTS FRO= CITIZENS 2. Invitation for citizens to speak to the Council on any topic not on the agenda or not already scheduled for Public Hearing. (Please complete a "Comments from CitizenE `Form and present it to the Town Secretary prior to the meeting.) There were no comments from citizens. REGULAR A-%-3FNDA PUBLIC HEARINGS 4. Public Hearing: Zoning Case #03-1— Consider and act upon a request to rezone 61.7± acres on the northwest corner of the Burlington Northern -Santa Fe Railroad and C.R. 4 (tr:' are Prosper Trail) from Single-Faimly-1 to Planned Development -Single -Family -2. (Tabled 9116103,10121103, and 11(181103) Motioned by Lisa Dritschler, seconded by Russell Kaker to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 8:06 p.m. There was no discussinn on this hearing. Motioned by Lisa Dritschler, seconded by Karie Dalton to close the pu?b0c hearing. Motion approved 5-0.. Mayor Charles Niswanger closed the public hearing at 8:06 p.m. Page 4 of Motioned by Lisa Dritschler, seconded by Karie Dalton to approve the zoning of 61.7 acres on the northwest corner of the Burlington Northern Santa Fe Railroad and CR 4 from Single -Family -1 to Planned Development -Single -Family -2, subject to Council approval, publication of the annexation ordinance for this property and attachment of zoning exhibits. Lisa Dritschler and Karie Dalton voted in favor of approval for the zoning of 61.7 acres of land, Mayor Pro -Tem Michael Perry, Russell Kaker and Ane Casady opposed. Motion failed 3-2. Doug encouraged the Council to make a new motion and to accept rezoning of this area. The applicant spoke stating that they have done everything requested by the Council. He does not know what more to do and is asking for approval in fairness to them for the time and money they have spent. Additionally, they have met all the changes requested by Council, and cannot understand at this point why they would not accept it after Council asked for them to make all the changes they have made. Motioned by Lisa Dritschler, seconded by Karie Dalton to approve the zoning of 61.7 acres on the northwest comer of the Burlington Northern Santa Fe Railroad and CR 4 from Single -Family -1 to Planned Development -Single -Family -2, subject to Council approval, publication of the annexation ordinance for this property and attachment of zoning exhibits. Lisa Dritschler and Kane Dalton voted in favor of approval for the zoning of 61.7 acres of land, Russell Kaker and Ane Casady opposed. Mayor Pro -Tem Michael Perry reconsidered his vote and abstained due to previous potential financial dealings with Mr. Skorburg's organization. He stated he has never actually had direct dealing with Mr. Skorburg or his associates, but that he still felt it would be best for him to abstain at this point. Mayor Charles Niswanger voted in favor of the ordinance to break the tie. Motion approved 3-2. Sally Holmburg requested a legal review of the vote on item 4, stating that she did not believe there could be another motion if the first one was denied. Doug Mousel stated that her request was noted. 5. Consider and act upon the adoption of an ordinance to rezone 61.7 + acres on the northwest comer of the Burlington Northern -Santa Fe Railroad and C.R. 4 (future Prosper Trail) from Single -Family -1 to Planned Development -Single - Family 2. (Zoning Case 203.1) Motioned by Lisa Dritschler, seconded by Karie Dalton to adopt an ordinance to rezone 61.7 acres on the northwest comer of the Burlington Northern Santa Fe Railroad and CR 4 from Single -Family 1 to Planned Development -Single -Family 2, subject to annexation of the property. Lisa Dritschler and Karie Dalton voted in favor of the ordinance, Russell Kaker and Ane Casady opposed the ordinance and Mayor Pro -Tem Michael Perry abstained due to a conflict of interest as noted above. Mayor Charles Niswanger voted in favor of the ordinance to break the tie. Motion approved 3-2. DEPARTMENT ITEMS 6. Discuss and act upon any matters relating to the construction of a new fire station. (Tabled 11111 and 11118) Ronnie Tucker spoke to the Council regarding the construction of the fire station. Lisa Dritschler stated that she has some concerns and asked if the Town was building the facility based on growth, and wanted to know if a facility needs assessment had been done in the past. She is concerned that we will do a need assessment in the future and find that we have not built our administrative building to fit the growth of the Town. She would like to have a needs assessment done first before we move forward with this project so that we get the best final product possible for Prosper. Ronnie Tucker, Fire Chief, stated that there are time elements on the bid process and that we will lose Pogue if we do not move forward now. Pogue stated that bidders are required to hold their bid for 60 days only. Doug Mousel believes the needs assessment would verify or confirm the need for how many stations we will need at build out of Prosper, the same as a need assessment will for Town Hall. Doug feels that if the Town has already identified the need to build a fire station and already located the site in which to build he is confident we can add on at a later date if necessary. Page 5or8 Mayor Pro -Tem Michael Perry shares Lisa's concerns, however, he ,eels confident that previous Councils have trusted Ronnie and his view of the Fire Department's needs assessment -- and believes :hat we should proceed forward immediately in building the fire station. Ronnie stated that we would need a larger fire station in the future t han what is being proposed now only if Prosper was not going to build additional stations further down the road. However, since it is in the plans to build another station in the future, the one that is being proposed now for Administration is plenty big. Mayor Pro -Tem Michael Perry wanted to know how soon construction could begin if they were given the go ahead to start, and asked if the $330,000 still needed to build the station would come from bonds, a loan or reserve money. Mayor 'Charles Niswanger stated 'hat he does not want to build this fire station without a fourth bay, and that if it is added later it Is going to cost a lot more money. Doug Hartman from First Southwest, Prosper's Financial Advisor said that one option for the additional $330,000 was a tax note. They are not subject to petition and the Town would pay yearly on the tax note. He did inform the Council that if they wanted an election it would have to be called 60 days in advance of the election date. Mayor Pro -Tem Michael Perry asked if the Council would defer action temporarily until they could discuss the next item on the agenda which related to Bonds. Council decided to discuss item 7 at this point, and will re -address this item upon completion of the discussion of bonds. After discussion on item 7, Council returned to item 6 to continue discussion of the fire station. Russell Kaker and Michael Perry expressed they would like to move forward with building the fire station at this moment. Mayor Charles Niswanger stated that he wants to move forward with building this station and building it correctly, but he cannot advocate doing so without a peace of mind as to where the additional $333,000 will come Irom. Lisa Dritschler asked that staff suggest additional financing alternatives for what to do regarding the $333,000 shortfall of the fire station at the next Council meeting. Russell Kaker expressed concern that this issue has come before council time and time again, and Council continues to find new reasons to table it. Motioned by Mayor Pro -Tem Michael Perry, seconded by Karie Dalton to table this item until next week. Motion approved 4-0. Russell Kaker opposed. 7. Discuss and possibly direct staff to init:the process to issue bonds to finance such items as, but not limited to, the construction of Town facilities, water and sewer infrastructure, and the purchase of land for public purposes. Doug Hartman from First Southwest, Prosper's Financial Advisor spoke regarding bonds. He distributed some financial figures to council regarding the Town's debt and potential debt, as well as other revenue or expenditures both past, current and projected - respectively. He said most of this material is the same as it was in July, with minor changes. Currently, total debt service is at approximately $477,000 this year. Debt ratios are fairly low and Prosper is in pretty good condition. In discussing the bonds, Lisa Dritschler stated that she does not see any items on the bond list that she wants to wait two years to start. Doug Hartman briefly addressed the difference in a General Obligation (GO) bond and a Certificate of Obligation (CO) Page 6org General obligation bonds are voted on, and the money has to be more or less line itemed out. When the Council says they are going to spend a specified amount on any given project, they have to stay at that cost for the specified project. There is very little Wiggle room. Certificates of Obligation do not require a vote, but are subject to a possible 5% petition by the voters of the Town to stop the CO if they would like. Doug Hartman recommends voting on items such as the streets, parks, etc. He does not necessarily recommend voting on sewers systems or water, because if they fail, there is nowhere to go from there and the ability to build the systems would not be possible at that time. Doug Mouse[ is going to redo the list of needs for bonds and bring it back to Council for further discussion/action. Mayor Charles Niswanger asked how many water tanks we would need for the future of Prosper, and Town Engineer Travis Roberts said we will need two additional tanks. Mayor Pro -Tem Michael Perry asked that Council direct staff to come up with needs for the Town, what kind of money will need to be spent, and then move forward with the COs. Lisa Dritschler thinks just the opposite. She believes the citizens need to be involved in the process and that they need to know how we are spending their money; therefore, she supports a general obligation and a vote. Mayor Charles Niswanger stated that the significant difference in the two is that you can move a CO through much faster than a GO, and the Town can proceed forward at this time in getting many of the items taken care of or started. Lisa believes this is a respect issue to the citizens to allow them to vote, not necessarily anything else. Mayor Charles Niswanger said he does not have a problem taking this to vote with the exception of the timeline that will be pressing on the issues. Mayor Pro -Tem Michael Perry wanted clarification on whether or not there was flexibility with a GO. Doug Hartman said that there is not quite as much flexibility because you have to earmark certain dollar amounts for certain projects, where as a CO is flexible and you can redirect money if you project under on one project, or over on another. 8. Discuss and provide direction to staff regarding the time, date, location and subject matter of a council retreat. (Tabled 11/18) Mayor Pro -Tem Michael Perry would like a Saturday in January at a place in North Texas. Russell Kaker would like a Saturday in January at the end of the month. Karie Dalton would like a Saturday in January, and she has no preference as to when. Lisa Dritschler would like a Saturday in January, but she cannot make it the third week of January. Ane Casady is open to any Saturday in January. 9. Discuss and act upon matters relating to the Town of Prosptnd Newsletter. (Tabled 10/14) Shanae Jennings addressed the issues relating to the newsletter and asked the Council for feedback on how they would like staff to proceed. There were three options proposed by staff which included: Continuing to have the communications committee do the newsletter Have Town staff write the articles to be given to the staff of the Eagle Talon, and then have the Eagle Talon lay out the newsletter with approval of the staff. The Eagle Talon would then distribute the newsletter as an insert to their publication. In -House the newsletter where staff does everything at Town Hall, then adds the newsletter into the Eagle Talon as an insert to their publication. Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to In -House the newsletter and then insert it into the Eagle Talon as a separate publication. Motion approved 5-0. 10. Discuss the establishment of a new sign ordinance. Motioned by Lisa Dritschler, seconded by Russell Kaker to table item 10 until next meeting so that the ordinance can be more thoroughly reviewed by all of Council. Motion approved 4-0. Russell Kaker stepped out of the meeting during the vote and no vote was recorded for him. Page 7 of 8 EXECUTIVE SESSION In accordance with Chapter 551, Texa: Government Code of the Open Meetings Act 11. Adjourn into executive session -n compliance with Section 551.074 of the Texas Government Code to discuss personnel issues relating to Tow. employment positions, including, but not limited to, accounting, inspections and engineering positions. Motioned by Karie Dalton, seconded by Lisa Dritschler to adjourn into executive session. Motion approved 3-0. Russell Kaker stepped out during the vote to adjourn Ind no vote was recorded for him. Ane Casady left the council meeting when Council adjourned into executive session, and d not attend or participate in the executive session. Council adjourned into executive session at 10:44 pm. 12. Reconvene into regular session & A take any action necessary as a result of the executive session. Motioned by Russell Kaker, seconded )y Lisa Dritschler to reconvene into regular session. Motion approved 4-0. Council reconvened into regular session at 11:03 a.m. Motioned by Lisa Dritschler, seconded )y Russell Kaker to authorize theTown Administrator and Mayor to increase the pay of Raquel Romero, Administrative Assistan 'Utility Billing Clerk and Amy Lightfoot, Municipal Court/Accounts Payable Clerk due to the increase in responsibilities that they hav( incurred because of the loss of Prosper's full time Accounting Clerk back in October 2003. Motion approved 4-0. 13. Discuss and possibly direct Towr Staff to place items on future agendas. YI..... Ll__.�1� 1.l 'J I Here was no request o placement ui i� JIMIS On MUM ayenuab. 14. Reading of Ordinance Captions accepted by Council. Town Secretary Shanae Jennings read ordinance captions approved tonight for the record, to include consent agenda items 2k -2o, as well as the Tax Ordinance and Zoninc Ordinance 03-1. 15. Adjourn. Motioned by Russell Kaker, seconded by Lisa Dritschler to adjourn the meeting. Motion approved 4-0. The meeting was adjourned at 11:09 p.m. Page 8 of 8