09.25.2001 Town Council Minutes (Special)ej, e$
Special City Council Meeting
City Hall — 109 S. Main Street
Tuesday, September 25, 2001, 7:00 p.m.
Thosq,Presen : Mayor Jim Dunmire, Mayor Pro -Tem Charles Niswanger, Darin Riggs, Jeff Walker,
Michael Perry and Janet Phillips.
Call to order: Mayor Dunmire called the meeting to order at 7:20pm.
La Cima Annexation — Second Public f-jga inc: Public hearing opened at 7:21pm. Steve Folsom
presented Council describing their plans for the La Cima property, the size of the property and its
location.
Citizen Stephen Coffman presented Council with concerns saying that this will be the single largest
development that Prosper has ever encountered. He feels that this development is a bad idea because
it opens up high-density housing and lowers the bar for the City's future planning. Mr. Coffman
recommended that the Council vote "no" to the annexation of this property.
Public hearing closed at 7:24pm.
Chuck Green Annexation —Second Public Hearinq: Public hearing opened at 7:40pm. Mike Beaty with
Blackard Development presented maps of Mr. Green's 12.996 -acre tract, which will become part of
Whispering Farms sometime in the near future.
Public hearing closed at 7:42pm.
La Cima Rezoning --Public Hearing: Public hearing opened at 7:24pm. John Pappagolos, developer for
La Cima, presented Council. This development will contain 965 units on 465 +/- acres, and it will
include a school site and a park site. The average price of the homes will be in excess of $300,000.
The average overall density is estimated at less than 2.2.
He advised the 8400 sq. ft. lots are very important to the Pappagolos Group from a financial standpoint.
It is a quality development with open space. He urged the City not to equate size with quality. He
mentioned that they are completely committed to working with the City.
Rusty Sexton is a property owner within 200 ft. of the proposed La Cima property. He advised that he
is not opposed to the rezoning but reserved his rights to be informed of future developments and also
requested copies of any plans that may have an impact on his property.
Citizen Mike Wadsworth advised Council that he is pleased to hear of John Pappagolos's commitment to
working with the City but has tremendous concerns due to the City's lack of experience with
developments of this size. He also mentioned that this would lower the bar for other developers. He
feels the 8400 sq. ft. lots should be reconsidered. Mr. Wadsworth expressed no problem with the
annexation of this property, only the rezoning.
Steve Folsom mentioned the importance of the 8400 sq. ft. lots as a buffer zone between the retail,
multi -family and power line.
John Pappagolos responded to Mr. Sexton, saying that they will be happy to share any plans with him.
Public hearing closed at 7:40pm.
Whisoerinq Farms Rezoninq --Public l learingm Mike Beaty briefly presented Council_ on -facts surrounding
the development. The lots will be from 12,800 sq. ft. to over 2 acres. Seven acres are being donated
as an elementary school site. Fifty acres have been proposed to be donated as a city park. Whispering
Farms will also include the City's first catch and release fishing lake. The total density is approximately
1.95 units per acre.
Public hearing closed at 7:44pm.
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Chuck Green Action on acceptance of Rezonirq licatione Mike Beaty explained that an agreement
is being finalized with Chuck Green regarding this 12.996 -acre tract of land, which will eventually be
part of the Whispering Farms PD. Motioned by Charles Niswanger and seconded by Jeff Walker to
accept the rezoning application. Motion carried to accept the application requesting zoning be changed
to planned development.
Swearino in of William HVA% Prosoer Police Deoartment Reserve: Jennifer Finley swore in William Hyde
as Reserve Police Officer for the Prosper Police Department.
David Whitsett - Request for variance from Corridor Ordinance at Gentle Creek Maintenance Buildino,
3.1.0.1 CR122: David Whitsett presented a request for a variance for a 10,000 sq. ft. metal building to
be constructed off of CR 122. David explained that the materials had been purchased and cut before
he was aware of the Corridor Ordinance. The building will be used as a maintenance barn for the golf
course. The primary properties surrounding the building are parts of Gentle Creek. He plans to provide
proper screening so that the building is not visible from CR 122. The building will sit approximately 35
ft. off of the right of way for CR 122. The height of the building will be approximately 16 to 17 ft. in
the center.
Council feels the South side, and possibly 1 to 2 other sides, of the building should be covered with
some type of masonry product such as stucco or stinne panel. They agreed to allow Mr. Whitsett to
begin construction, but would like an opportunity to visit the site in order to determine the appropriate
sides that should be covered.
Motioned by Darin Riggs and seconded by Janet Phillips to allow David Whitsett to begin construction of
building, but to present Council with a proposal on October 9, 2001, outlining the type of veneer which
will be used to cover at least one, but possibly 3 sides, of the maintenance building. In the meantime,
Council agrees to visit the site to determine what sides should be covered. Motion carried.
Action on 6 do tiQn on 2001-2002. City Budoet: Mayor Dunmire recommended that only a portion of the
anticipated carry-over funds be listed as revenue in order to make the numbers balance. The City will
not list the remainder of the carry-over funds in the budget.
Motioned by Michael Perry and seconded by Janet Phillips to adopt the 2001-2002 City Budget. Charles
Niswanger abstained from voting. Motion carried.
Action to Set Tax Rate for 20131: Motioned by Darin Riggs and seconded by Jeff Walker to set the M&O
Tax Rate at .226001. Motion carried.
Motioned by Darin Riggs and seconded by Jeff Walker to set the I&S Rate at .133999. Motion carried.
tln on the adoption of an Ordinance auttrorNaino the issuance and sale of the Town's Combination
Tax ani' Revenue Certificates of Obligation. Series 2001 in the DrincipA amount of $'2,510.000 LQ1_t11
pit ose of improving the Town's water system in l ddrrg_new around wells and vvgtgr storage f'ac'ilities,
t pin a new sewage treatment plant and c9n5tLk1gjt ng end euip
,Dina a new fire statim: Doug
Hartman and Dan Culver presented Council. Council inquired on the City's options should they proceed
with the issuance and sale of the C.O.'s and the economy or the growth in Prosper turn down. Mr.
Hartman explained there would basically be two options. 1.) The City would have the option of raising
the tax rate; or 2.) the City could use the Water/Sewer funds as much as possible to pay off some of
the debt. He also advised that the deal has already been sold, so if the City backs out at this point it
will be looked upon negatively should it return to the Public Market at any point in the future. Mr.
Culver also pointed out that legally, the money is here for the 3 projects listed in the Ordinance, but
does not necessarily state what portion of the funds must be allocated to what specific project.
Motioned by Michael Perry and seconded by Darin Riggs to adopt an ordinance authorizing the issuance
and sale of the Town's Combination Tax and Revenue Certificates of Obligation, Series 2001 in the
principal amount of $2,510,000 for the purpose of improving the Town's water system, including new
ground wells and water storage facilities, constructing a new sewage treatment plant and constructing
and equipping a new fire station. Charles Niswanger abstained from voting. Motion carried.
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Action on se|ectina anauditor for fiscal Year end|no Sectemb���01., Motioned byCharles
Niswanger and seconded by Michael Perry to select Tom Pingleton as the City's auditor for the fiscal
year ending September 30, 2801. Motion carried.
Panabmnd -Discussion and oossib�/e action on settimo a wireless internstantemma on the w/�������
located at[R77 and [K78: Steven Benavides and Trey Berndt presented Council with a proposal for
placing a wireless intrrnetantenna on the City's water tower located atCR77 and CR78.
Michael Perry recommended the Council require Panaband to post a bond to protect the City in the
event they go out of business.
Darin Riggs volunteered tonegotiate afinancial agreement with Panaband.
Item tabled until a financial agreement can be negotiated.
A�on gm adoption ¢[o Resolution and MutmM BotinUd-my Line Acireernent with the City ofCelina, Tex§s:
Motioned by Michael Perry and seconded byJanet Phillips 0o adopt Resolution and Mutual Boundary
Line Agreement with the City ofCelina, Texas. Darin Riggs abstained from voting. Motion carried.
Action on adootion of a Resolution and Mutual DgLmdary Line Aareement with the City of McKinnev,
Texas: Motioned by Michael Perry and seconded by Janet Phillips to adopt Resolution and Mutual
Boundary Line Agreement with the City ofMcKinney, Texas. Darin Riggs abstained from voting.
Motion carried.
Consideration and action uoon adnoMnn of an Q(d�ndnce of the Town of Prmsner. Texas. ameudimq
Ordinance Nm. 95'81 reoard|na inno@ctfees tobe assessed bVthe Town nfPmever. Texas, in order to
comDlv with the newly enacted reauirements of Senate Bill 243 which amends Chapter 395 of the LgCal
Government Code: Motioned byCharles Niswangerand seconded byJeff Walker toadopt on
Ordinance of thiown of Prosper, Texas, amending Ordinance No. 95-01 regarding impact fees to be
assessed by the Town of Prosper, Texas, in order to comply with the newly enacted requirements of
Senate Bill 243which amends Chapter 305ofthe Local Government Code. Motion carried. '
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Jim Dunmire, Mayor
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Amber Phillips, City Secretary d