11.12.2002 Town Council MinutesMinutes approved 12/10/02
Regular Meeting of the Prosper Town Council
601 S. Church Street
Prosper First Baptist Church Youth Building
Tuesday, November 12, 2002, 7:OOpm
1. Call tg OrdgrlRoll Call, Mayor Dunmire called the meeting to order. Council Members present: Mayor Jim Dunmire,
Larry Tracey, Charles Niswanger and Michael Perry. Mayor Pro -Tenn Jeff Walker arrived at 7:50pm. Councilman Russell
Kaker was not present. Also present: Town Administrator Jennifer Finley, Town Attorney Richard Abernathy, Town CCN
Attorney Kerry Russell, Town Engineer Travis Roberts and Town Secretary Amber Phillips.
2. invocation, Prayer was given by Mayor Dunmire.
CONSENT AGENDA
1Aoproyal of Oon_sennt 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 pan` of the official record.)
a. Approve Minutes.
b. Approve Bills.
c. Approve Radean Herron, Tax AIC Report.
d. Approve Financial Statements Ending September 30, 2002.
e. Adopt Ordinance No. 02-53, establishing a school speed zone on SH289 between Craig Rd. and
First Street.
f. Adopt Ordinance No. 02-54, amending Alarm Permit Ordinance No. 02-10, for the sole purpose of
correcting a clerical error.
g. Adopt Resolution No. 02-55, authorizing the Town Administrator to execute the "Greater Dallas -Ft.
Worth Regional Law Enforcement Mutual Aid Task Force Agreement".
h. Authorize Mayor to sign Release and Assignment Approval for Southwest Consultants.
Mayor Dunmire recommended tabling Item "h" for further review by Legal Counsel.
Motioned by Larry Tracey seconded by Michael Perry to remove Item 3.h. from the Consent Agenda. Motion carried.
Vote 3 to 0.
Motioned by Michael Perry and seconded by Charles Niswanger to approved the Consent Agenda subject to amending
Item 3 of the October 15, 2002 Minutes to read "Vote 3 to 1" rather than "Vote 3 to 0". Motion carried. Vote 3 to 0.
COMMENTS FROM CITIZENS
4. Thg lown gouncll invites citizens to speaL gn any topig not on thg agenda or not airgady schedUled fQr Public
Hgarming, Richard Cowens, 635 Creekview, presented Council with the following petitions: a Petition calling for a
Rollback Election, a Petition to rezone the Stone Creek Commercial Property located at the northwest corner of SH289
and FM1193 to Office District, and a Petition to change the speed limit in the Stone Creek subdivision to 25mph.
Kirk Raney, 1251 Chandler Circle, questioned the recent ordinance requiring a $25 fee for alarm permits. Mayor Dunmire
advised that it is an administrative fee and is common practice in other cities. Mr. Raney felt that the fee was
"outrageous" and stated that he never heard of it in other cities.
REGULAR AGENDA
I PUBLIG HE6RINQAND PR S t:TATION OF SERVICE PLAN (WayneY braugh Rolling Hill Estates) on the
oroposed annexation!2f ijggrox03ately 42.43 acres gf land.-mo[p or less, out oft e Myllliam Butler SunLeL
Ab5tract Llo. 112 and being more agnerally localed along the north side of CR78 astofaTP&L!;g.easemeUL
QgIIjnQoUnty.Texas. Mayor Dunmire opened the public hearing at 7:14pm. He advised that the property was within
xhe Town's ETJ and Service Area. Skip Klinefelter, applicant representative, invited questions regarding the proposed
annexation. No questions or comments. Mayor Dunmire closed the public hearing at 7:15pm.
6. PUBLIC HEARING AND PRESENTAION OF SERVICE PLAN (John Christie Lakes of Pros 2er) on the proposed
annexation of app.roximatelly 187.0.3 acres of land!, more or less out of the Collin Count School Land Survey,
1
Abstrgc� �d),47 and being more cienerally located on CR 4, Collin County, Texas. Mayor Dunmire opened the
public hearing at 7:15pm. He advised that the property was within the Town's ETJ and Service Area. No questions or
comments regarding the proposed annexation. Mayor Dunmire closed the public hearing at 7:15pm.
7 PUBLIC HEARING (First State Bank of Celina) on the proposed rezoning chance of a tract of land containing
aporoximatelw 4 acres located in the Jahn R. Tunney Survey, Abstract No 916, better described as being located
adjacent to the intersection of SN 289 and Hays Road, Collin County. Texas, from agricultural to office district.
Mayor Dunmire opened the public hearing at 7:16pm. He advised that the proposed property is located within the Town's
E I J and Is currently annexed.
Bob McKnight and Bub Hulden, applicanl representatives, addressed Council. They advised that they plan to erect a
temporary building on the property if the proposed zoning is approved. The temporary building will remain in place until
construction has been completed on the permanent structure, approximately 18 to 24 months. Mr. McKnight and Mr.
Holden presented photos of the proposed temporary structure.
Ane Casady, Prosper resident, asked if the temporary structure would be in compliance with the Corridor Ordinance.
Larry Tracey stated that it would not comply and would require a variance. Mayor Dunmire advised that the public hearing
is for the sole purpose of a zoning change.
Richard Cowens, 635 Creekview, asked the bank to consider relocating to the property known as Prosper Town Center or
the Stone Creek Commercial tract. He felt that the developers should consolidate their efforts.
Bob McKnight stated that they would like to use the far northern portion of the proposed property for something to beautify
SH289, possibly a historical marker, hike trails, native Texas grass and lots of landscape. He advised they will be
providing a quality facility. The Celina State Bank "gives back to the communities that they service". They currently
prcviAo —kV lnrchinc f enhnnlc Mr-
Pat McDowell, Prestonview resident, felt that it should be used as a park. Mayor Dunmire did not feel a park would be
conducive to the proposed site as it is located on SH289.
Sam Ramsey, 1218 Chandler Circle, expressed concern regarding lighting and stated that he strongly opposed a bank or
any other structure on the proposed property. He asked the Council to protect the citizens that want to live in the country.
Mayor Dunmire closed the public hearing at 7:29pm.
8. Action to adol2t Ordinance No. 02-49 rezoning a tract of land containing approximately 4 acres located in the
John R Tunney Survey Abstract No 916 better described as being located adjacent to the intersection of SH
289 and Hays Road Collin County, Texas, from agricultural to office district. Motioned by Michael Perry and
11 A seconded by Larry Tracey to adopt Ordinance IVU. 02-29, rezoning ng U Ie p ciposGu property. IVI Ll i carr ices. v vic ..P w W.
9. PUBLIC HEARING on the Land Use Assumption Plan Capital Improvements Program and modification and
adoption of Impact Fees. Mayor Dunmire opened the public hearing at 7:34pm. Travis Roberts presented Council with
the Land Use Assumption Plan, Capital Improvements Program and modification of Impact Fees. He advised that the
plan is in compliance with Chapter 395 of the Local Government Code which allows the Town to charge impact fees. The
plan covers the entire area within the Town's ETJ. The plan that the Town currently follows was prepared in 1994. At that
time, the Town elected not to assess thoroughfare fees; however, the proposed plan will assess impact fees for the major
thoroughfares identified in the report. As required under Chapter 395, the plan projects what will be utilized in the next 10
years and must be re-projected every 5 years. Water and Sewer impact fees may be charged uniformly throughout the
entire community; however thoroughfare impact fees have different requirements. Funds collected from thoroughfare
impact fees must be spent on projects within a 5-mile radius from where the money was collected.
Mr. Roberts presented and explained the proposed Land Use Assumption Map. He stated that the Town's ETJ
boundaries were established several decades ago by Town Ordinance.
Richard Cowens, 635 Creekview, questioned why various aspects of the Master Plan were not included in Mr. Roberts'
proposal. Mr. Roberts advised that work on this plan began long before work began on the Master Plan. The Town is
required by statue to update the plan every 5 years and must have a Land Use Plan in order to assess impact fees to fund
infrastructure. The Council may choose to review and adjust this plan after the completion of Mesa's Master Plan.
Richard Cowens stated that he was strongly opposed to the Land Use and Capital Improvements Plan being proposed.
Travis Roberts explained that an Impact Fee Advisory Committee was previously charged with reviewing the LIAi0 1' e j
Assumption as presented. After review, the committee made formal recommendation to Council for approval.
Mayor Dunmire closed the public hearing at 7:44pm
10 Action to adopt Resolution No 02-56adopting the Town of Prosper's Land Use Assumption for Impact Fees
2002 to 2012. Mr. Roberts explained that the Land Use Plan included equivalency tables that factor various structures
such as concrete batch plants, apartments, businesses, etc. to off -set the difference these types of buildings have
compared to single-family homes.
Town Attorney Richard Abernathy explained that impact fees are only charged on new development.
Mayor Dunmire explained that impact fees are assessed to help offset the money that the Town will spend to upgrade/
build additional infrastructure.
(Jeff Walker arrived at the meeting at 7:50pm.) Motioned by Michael Perry and seconded by Larry Tracey to adopt
Resolution 02-56, adopting the Town of Prosper's Land Use Assumption for Impact Fees 2002-2003. Motion carried.
Vote 4 to 0.
11. Action to adopt Ordinance No. 02-57 modifying Impact -Fee Ordinance No. 02-19 for Water and Waste Water
and adopting Impact Fees for Thoroughfares. Motioned by Michael Perry and seconded by Charles Niswanger to
adopt Ordinance No. 02-57, modifying Impact Fee Ordinance No. 02-19 for Water and Waste Water and adopting Impact
Fees for Thoroughfares as follows: Water System Impact Fees $1,652.00; Wastewater System Impact Fees $1,426.00;
Thoroughfare Impact Fees for Service Area 1 $1,859.00, and; Thoroughfare Impact Fees for Service Area 2 $1,498.00.
Motion carried. Vote 4 to 0.
12. Consideration and possible action on the acceptance of a Zoning Application presented by Wayne
Yarbrough for the rezoning of approximately 42 43 acres of land more or less, out of the William Butler Survey
Abstract No. 112 and being more generally located along the north side of CR78 east of a TP&L Co. easement,
Collin County, Texas from Sin le Famil Residential SF -1 to Planned Develo ment District PD upon
annexa#ion. Motioned by Michael Perry and seconded by Jeff Walker to accept the application presented by Wayne
Yarbrough requesting rezoning of the proposed property. Motion carried. Vote 4 to 0.
13. Action to adopt Ordinance No. 02-50 setting a date time and place for a Public Hearing on the proposed
zonin of approximately 42.43 acres of land more or less out of the William Butler SurveV, Abstract No. 112 and
being more generally located along the north side of CR78 east of a TP&L Co. easement Collin County, Texas.
from Single Family Residential (SF 11 to Planned Development District (PD) upon annexation Motioned by Larry
Tracey and seconded by Jeff Walker to adopt Ordinance No. 02-50, setting a date, time and place for a public hearing on
the proposed rezoning. Motion carried. Vote 4 to 0.
14. Consideration and ossible accel2tance of an Agreement for Street Lighting Service By and Between the
Town of Prosper and Oncor Electric Delivery Company. Steve Matthews, Area Manager for Oncor Electric Delivery
Company, presented Council with an update to the Street Lighting Agreement By and Between the Town and Oncor
Electric (TXU Electric). The supplement agreement will provide the Town with a means of tracking new street lights on
the system. The document gives a reference of haw the process works. There is a flat rate on the street lights which
pays for general maintenance.
Jennifer Finley briefed Council on a discussion that she and Mr. Matthews had earlier that day regarding the updated
agreement. She also briefed Council on her discussion with the Town Attorney regarding the issue. They will continue to
pay the base rate amount; however, if something is upgraded, the Town or developer will have to pay the difference. She
referred to requests for installation/street lighting service and advised that this will be handled directly through the
developer and Oncor Electric.
Mr. Matthews explained that Item #9 of the agreement, Permits and Obstructions, will require the Town to acquire the
appropriate permits for street lights in easements. He also stated that the intent of the document was not to require the
Town to maintain tree trimming on or around power lines; however, in the event a tree is blocking a light, the Town may
be responsible for trimming. Oncor's intent is not to put residents or Town employees is danger regarding the trimming of
trees.
Town Attorney Richard Abernathy questioned Mr. Matthews regarding the issue of rights for underground services. Mr.
Matthews explained that they are expecting an opinion on the issue in the next couple weeks. Mr. Abernathy suggested
3
thMi1 TJn wait until the opinion is handed down before entering into the agreement. Mr. Matthew advised that his
orders were to have the agreements signed by all cites in his area by the end of the calendar year because the street light
contracts would be expiring. If the contract expires, the Town will not be able to acquire new services until an agreement
is signed.
Mayor Dunmire recommended the item be tabled for the December Meeting for more clarification. Mr. Matthews advised
that the item does not require Council action, only the Mayor's signature.
15. Consideration and possible acceptance of the Supplement to the Agreement for Street Lighting Service By
and Between the Town of Prosper and Dncor Electric Company._ Motioned by Jeff Walker and seconded by Larry
Tracey to table Items 14 and 15. Motion carried. Vote 4 to 0.
16 Consideration and possible action on the acceptance of an Agreement Concerning Retail Water and Sewer
Service Areas By and Between the Town of Prosper and Danville Water Supply Corporation. Jennifer Finley
briefed Council on the agreement with Danville Water Supply which she had been working on for the past year. Attorneys
for both parties both agreed on the finalized document for the Town to purchase the remainder of Danville's CCN within
Prosper's ETJ for $300,000.00. This will include the Rhea Mills, Preston Country and Collin Green subdivisions. After
Council approval of the document, it is expected to take approximately 9 months for completion and Prosper to take
control of the CCN. In the interim, new customers within this area will continue to buy water from Danville.
Town CCN Attorney Kerry Russell further explained the terms of the agreement. He advised that the merger had not
been contested to date. Travis Roberts provided a plan to bring Danville's infrastructure up to Prosper's standards. He
advised that short term cost is estimated at $50,000 to $55,000.00
Ms. Finley stated that Danville will be responsible for notifying residents of the change, and the Town will help Danville
coijeci any ou[slanuiny uaiances ueivie providing service to cua or-ne s.
Motioned by Michael Perry and seconded by Charles Niswanger to accept the Agreement Concerning Retail Water and
Sewer Service Areas By and Between the Town of Prosper and Danville Water Supply Corporation, including the
purchase of Danville's CCN within Prosper's ETJ for $300,000.00. Jeff Walker abstained. Motion carried. Vote 3 to 0.
17. Consideration and possible action on authorizing Town Engineer Travis Roberts to be in the biddin
process for Downtown Sewer Improvements Project specifically relating to sewer line replacements. Travis
Roberts explained that TV camera inspections had been performed on the older lines throughout the Town to identify the
source of infiltration problems. They determined that many of the old clay lines were in need of replacement.
Motioned by Michael Perry and seconded by Larry Tracey to authorize Town Engineer Travis Roberts to begin the bidding
process for the Downtown Sewer Improvements Project, specifically relating to sewer line replacements. Motion carried.
Vote 4 to 0.
18. Consideration and possible action on entering into Potable Water Supply Contract with North Texas
Municipal Water District (NTMWD). Ms. Finley briefed Council regarding the contract with NTMWD. She explained that
Town Attorney Rebecca Brewer reviewed the agreement and made recommendation; however, most of her
recommendations could not be added to that agreement as they conflicted with NTMWD's standardized contract
language.
Judd Sanderson and Randall Dobbs, NTMWD representatives, presented Council. Mayor Dunmire questioned whether
the contract prohibited the Town from entering into contracts with other water authorities. Mr. Sanderson explained that it
does not prohibit it, but the contract does require the Town to provide NTMWD with full knowledge of any other contracts.
Randall Dobbs explained that the contact will bring water to SH380 and the future Independence Pkwy. They are'
currently in the process of acquiring right of ways. The estimated time to get water to Prosper is Summer 2004.
The contract is based on first year usage and the rates at that time. The cost to the Town will be approximately
$400,000/year.
Travis Roberts advised that surface water is the Town's only option to handle future growth. Mayor Dunmire made
recommendation to enter into the agreement.
Motioned by Michael Perry and seconded by Larry Tracey to enter into a Potable Water Supply Contract with North Texas
Municipal Water District (NTMWD). Motion carried.
r,
19. Discussion regarding sludge hauling and possible solutions to the sewer capacity roblem. Travis F8WsO
briefed Council on the current sludge hauling situation. He explained that the Town will need to find a way to press the
liquid sludge into a solid form. The proposed plant expansion can provide sludge belts; however, they will not be in place
for quite some time. NTMWD has a land fill that the Town will be able to utilize for disposal of the solid waste and also
has portable sludge presses available. Mr. Roberts recommended they review the time and cost required to install a
permanent unit and compare it against entering into contact with NTMWD for portable sludge presses. He agreed to
begin work on compiling these figures for analysis.
Mr. Roberts discussed the possibility of installing a force main from Gentle Creek as well the option of pumping to the
west rather than a Gentle Creek lift station. Another possibility would be a line from McKinney down SH380 to Gentle
Creek. He stated that he had actually received a request for such a proposal that day.
Randall Dobbs advised he planned to meet with McKinney officials the following week regarding the same issue. If all
went well, he felt that a line could be in place in 12 to 18 months, depending on the ease of right-of-way acquisition. He
advised of McKinney developers interested in the line and their intent to help with the acquisitions.
Mr. Roberts explained that infiltration problems had been identified in the Gentle Creek infrastructure. He will get
calculations for the Town to seek possible damages from Gentle Creek on the issue and stated that it could potentially be
covered under the maintenance bond. No official action taken.
20. Town Administrator overview of Committee/De artment Re oras presented in previous Work Session.
Jennifer Finley presented an overview of the Committee/Department Reports, No official action taken.
21. Action to accept resignation of Parks & Recreation Committee Member Randy Turner. Motioned by Michael
Perry and seconded by Larry Tracey to accept the resignation of Parks & Recreation Committee Member Randy Turner.
Motion carried. Vote 3 to o.
22. Swear in new Parks & Recreation member Amy Drown to fulfill vacated term of Randy Turner expiring Aprii 2,
2003. Town Secretary Amber Phillips swore in new Parks & Recreation member Amy Drown.
23. Recess into Executive Session in compliance with Section -551.001 et. se Texas Government Code, to wit:
a. Section 551.071, Private consultation with Town Attorneys regarding Sewer CCN and Plant Expansion.
Mayor Dunmire adjourned into Executive Session at 9:08pm.
24. Reconvene into Regular Session to consider and take any necessary action as a result of the Executive
Session. Mayor Dunmire adjourned out of Executive Session and reconvened into Regular Session at 9:58pm. No
discussion or official action taken as a result of the Regular Session.
25. Adjourn. Mayor Dunmire adjourned the meeting at 9:59pm.
Mayor Ji Dunmire
Attest,
t `
own Secretary Amber Phi l` s