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03.28.2006 Town Council Minutes;ISPER OWN OF Call to Order I Roll Call. Meeting was called to order at 6:03 p.m. Roll call was taken by the Town Secretary. Minutes (unapproved) Regular Meeting of the Prosper Town Council 800 Somerville Drive Folsom Elementary School (Community Room) Tuesday, March 28, 2006 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Dave Turley, Kevin Drown, Mike Wadsworth, and David Bristol. Staff present included: Business Manager, Ron Butler; Police Chief, Kirk McFarlin; Fire Chief, Ronnie Tucker; and Town Secretary, Shanae Jennings. 2. Invocation and Pledge of Allegiance Invocation was given by Councilman Mike Wadsworth. The Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events There were no announcements of upcoming community events. 4. Proclamation to the Girls Varsity Basketball Team for their success in the playoffs. (SJ) ,e Mayor and Council presented proclamations to the Girls Varsity Basketball Team for advancing to the area playoffs. 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.) 5. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings: (SJ) • March 14, 2006 Regular Meeting FINANCIALS b. Consider and act upon the financial statements ending February 28, 2006. (RoB) DEVELOPMENT PLANS c. Consider and act upon a preliminary site plan of the Prosper Retail Center, being a grocery anchored retail shopping center on four lots on 27.6± acres at the northwest corner of Coit Road and University Drive (D06.4). (MH) ORDINANCES AND RESOLUTIONS Page 1 of 4 d. Consider and act on approval of a letter to the Prosper Community Tennis Association (PCTA) formally recognizing the PCTA as a provider of organized athletic recreational activities and adoption of a resolution authorizing the Town Administrator to sign the same. (MH) e. Consider and act on approval of a letter to the Prosper Sports Association (PSA) formally recognizing the PSA as a provider of organized athletic recreational activities and adoption of a resolution authorizing the Town Administrator to sign the same. (MH) AGREEMENTS AND CONTRACTS f. Consider and act upon an Atmos Gas Standing Steering Committee Participation Agreement and a resolution authorizing the Mayor to execute the same. (DM) Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to approve the consent agenda, subject to staff recommendations. Motion approved 5-0. PUBLIC COMMENTS (The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) 6. Comments by the Public There were no comments by the public at tonight's meeting. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS ' A public hearing to consider and act on a request to rezone 17.0± acres at the northwest corner of Coit Road and First )eet from Single Family -15 to Retail (Z06.2). (MH) Motioned by Mike Wadsworth, seconded by Dave Turley to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:18 p.m. Rusty Sexton, 350 Equestrian Way, Prosper, Tx — He is the owner of this property and thinks that this corner could be a good retail/office/commercial corner for Prosper. He indicated that whatever is done will be done right during the development of that corner. Jeff Burant, 1540 Gentle Way, Prosper, Tx — He spoke in support of this zoning and stated that he thought there is not one person who would be more responsible in developing this property than Mr. Sexton. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:31 p.m. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to deny a request to rezone 17.0± acres at the northwest corner of Coit Road and First Street from Single Family -15 to Retail (Z06-2). Motion approved 4-1. Kevin Drown opposed the motion. 8. A public hearing to consider and act on a request to rezone 39.1± acres on the south side of Proper Trail, 1,600± feet east of Coleman Street from Single Family -15 to Planned Development -Single Family -12.5 (Z06.3). (MH) Motioned by Mike Wadsworth, seconded by Dave Turley to open the public hearing, Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:56 p.m. Warren Packard, 1680 Prince William Lane, Frisco, Tx — He is a high end custom home builder who builds from between $800,000 to $3 - $4 million homes. He is looking for a place to build his homes in Prosper right now. Pat Atkins, KPA consulting, 1801 Gateway Blvd., Suite 101 Tx — He is the engineer/applicant for this property and he spoke in favor of the request and provided a layout of the land that is planned for development. Page 2 of 4 Steve Ward, 761 Sybil Lane, Prosper, Tx — He has no problem with the development, but he does have an issue with the drainage and would like to see a cul-de-sac instead of a gate. lames Hodges, 720 Trail Drive, Prosper, Tx — He is not fond of the idea of exclusivity in the Prosper area. He indicated he understood the soning for gated communities; but, he would like to see Prosper's communities remain open. Ann Foster, 820 Brittany Way, Prosper, Tx — She said that the new community being created looks great, she would just request that the developers set up a meeting with the existing community members that back up to the new community before proceeding with development since the fences will be shared. Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Kevin Drown to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 7:41 p.m. Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Dave Turley to approve a request to rezone 39.1± acres on the south side of Proper Trail, 1,600± feet east of Coleman Street from Single Family-15 to Planned Development -Single Family-12.5 (Z06-3) subject to: a) changing the total permitted lot count to 77; b) changing the total number of 10,000 square foot lots to 5; c) changing the total number of 12,500 square foot lots to 37; d) changing the total number of 15,000 square foot lots to 35; and e) adding a requirement for Town review and approval of HOA documents at the time of final plat to ensure the association's financial ability to maintain the private streets within the subdivision. Motion approved 5-0. Council took a short recess at approximately 8:30 p.m. Council reconvened from recess at approximately 8:43 p.m. DEPARTMENT ITEMS 9. Consider and act upon an ordinance to reduce the prima facie speed limit in residential areas from 30 miles per hour to 25 miles per hour. (KM) tinned by Mike Wadsworth, seconded by Dave Turley to approve an ordinance to reduce the prima facie speed limit in residential areas ;fn 30 miles per hour to 25 miles per hour, subject to ensuring a change in the ordinance that the paper of general circulation for publication is the Dallas Morning News and not the McKinney Courier Gazette. Motion approved 5-0. 10. Discuss the sale and/or lease of the building located on the east side of Main Street approximately 250 feet south of Broadway Street. (DM) Staff is going to get code enforcement to review the building and make out code violations as well as come back with suggestions for building improvements in order to see what it would take in order for some group to inhabit the building. The Council would like to see the Town take the appropriate steps that would be taken for any other building that is sitting waiting for improvements and/or demolition, 11. Consider and act upon a policy and/or process to respond to petitions submitted to the Town. (DM) Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to formulate the following policy regarding the process to respond to petitions submitted to the Town: a) A petition addressed to the Town of Prosper, the Town Council, the Mayor or the Town Administrator will be forwarded to the Town Administrator; b) The Town Administrator will email or otherwise distribute a copy of the petition to the Mayor and Town Council; c) the Town Administrator will take the action that he/she deems appropriate; and d) The Town Council will be informed of the Town Administrator's action by e-mail or other correspondence; and e) should the Town Council not be supportive of the Town Administrator's action, a Council member may request that the petition topic be placed on a Council meeting agenda for discussion. Motion approved 5-0. 12. Consider and act upon a resolution adopting an Investment Policy for the Town and the Prosper Economic Development Corporation. (RoB) Motioned by Mike Wadsworth, seconded by Kevin Drown to approve a resolution adopting an Investment Policy for the Town and the Prosper Economic Development Corporation subject to the following revisions: a) delete the following on page 6: (Investment transactions made prior to the adoption of this Policy are not subject to these guidelines); b) designation of the following positions as Prosper Economic Development Corporation Investment Officers: Prosper Economic Development Corporation President, Prosper Economic Development )rporation Treasurer and Prosper Economic Development Corporation Executive Director; c) designation of the following positions as town of Prosper Investment Officers: Town Administrator and Finance Manger; and d) that the Prosper Economic Development Page 3 of 4 Corporation director will be responsible that the training requirements of this section are met for the PEDC and that the Town Administrator will ensure that the training requirements for the Town are met. Motion approved 5-0. 13. Discuss the Town's 2006.2007 budget process. (DM) b Council generally discussed the 2006-2007 budget process and agreed on a process for compiling the budget. 14. Discuss monthly activity reports from Town departments and committees. Council briefly discussed activity reports from Town departments and committees. EXECUTIVE SESSION 15. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: a) Section 551.072, to discuss the acquisition of property located in an area bordered by Dallas Parkway to the west, Coleman Street to the west, Prosper Trail to the south, and Frontier Parkway to the north for a community park. (DM) b) Section 551.072, to discuss the acquisition of property located in an area bordered by Preston Road to the west, Coit Road to the east, Prosper Trail to the north, and University Drive to the south for an elevated water storage tank. (DM) Council convened into executive session at approximately 10:02 p.m. 16. Reconvene into regular session and take any action necessary as a result of the closed session. Council reconvened from executive session at approximately 10:40 p.m. No action was necessary as a result of the executive session. 17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. There were no items for discussion to be place on a future meeting agenda. 18. Adjourn )tioned by Dave Turley, seconded by David Bristol to adjourn. Motion approved 5-0. The meeting was adjourned at approximately u:41 p.m. Attest: cries Niswa r, Mayor Page 4 of 4