01.06.2003 Town Council Minutes SpecialSpecial Meeting of the Prosper Town Council
Planning and Development Issues
601 S. Church Street
Prosper First Baptist Church Children's Building
Monday, January 6, 2003 7:00 p.m.
Call to Order/Roll Call:
Mayor Dunmire called the meeting to order at 7:00 p.m.
Mayor Dunmire, Charles Niswanger, Russell Kaker, Jeff Walker, and Michael Perry
were present. Larry Tracey was absent. Also present were Town Administrator,
Jennifer Finley and Town Attorney, Julie Fort. MESA representative, Conrad Smith,
Dict to adopt Ordinance No. 02-47, annexins a tract of land coutainin
approximately 187.03 aches located in Collin County chool Land. Survey,
Abstract No. 147. and beim more generally_ located along the north side of CR 4
west of the railroad tracks, Collin County, Texas:
Mayor Dunmire explained that it is the desire of the applicant to base the annexation
on zoning for the property. Mayor Dunmire moved to item #3 for discussion, prior to
adoption of the annexation ordinance.
3. Act to adopt Ordinance No. 02-48, rezonin a tract of land containing
approximately 187.03 acres located in Collin County School Land Surve
Abstract No. 147 and being more generally located along the north side of CR 4
west of the railroad tracks. Collin County, Texas: Eddie Collins with Goodman
Land Advisors, 5700 W. Plano Parkway, Suite 3000, Plano, Texas 75093 was present
to speak on behalf of the Zoning and Annexation for Lakes of Prosper. Eddie
presented a fresh copy of the PD Ordinance as prepared by his office today, based on
comments from a prior council meeting, including items discussed with Richard
Abernathy in a meeting last Thursday. Mr. Collins went through the PD and
explained items that were changed. Jeff Walker interrupted Mr. Collins and pointed
out that the document presented by Mr. Collins was significantly different than the
document reviewed and recommended by the Town Attorney and Town Consultant,
MESA and that he has not had adequate time to review the document. Julie Fort
stated that the majority of items added to the document came from MESA and MESA
was unable to attend the meeting between Mr. Abernathy and Goodman last week.
Julie has not been able to communicate, nor has the applicant, with MESA as to the
reasoning for comments made by MESA. The Town Council also lacks the benefit of
their legal and consulting review. Julie advised Council to give staff and legal
counsel an additional week to work on the PD and come to an agreement with the
developer and advised council against negotiating the PD in an open session. The
Council has one additional week (until Monday, January 13, 2003), to review and
vote on the document before the time frame for the annexation expires. Mayor
Dunmire suggested assigning a member of the Council to work with the Developer
and Legal Counsel to agree on a PD over the next week. Mayor Dunmire stated that
he did not believe Council was ready to vote on the document at this time. He would
like for the legal counsel and consultant to work on the PD and reschedule a future
meeting.
Russell Kaker asked Mr. Collins if the specific landscape language that he disagreed
with was in the document presented to council. Mr. Collins stated that he met with
Mr. Abernathy last Thursday and discussed a number of items. The changes that
were discussed were made to the document. Mr. Collins assumed that MESA mad+,
the points of contingency that Goodman disagrees with. Mr. Collins believes that the
items discussed in the previous council meeting and agreed on between the council
and developer have been changed and added to the PD Document. Mr. Collins stated
that he was unwilling to increase the width of the hike and bike trail from six to
twelve feet, as the cost would exceed $45,000.00. Jeff Walker commented that a lot
of points of the PD are not an issue with Richard from a legal standpoint.
Jeff Walker stated that he feels it is in the best interest of the Council and Town to
table this item and call a special meeting for Monday night. Jeff stated that he did not
have the time to meet with the Developer, but would provide his comments to the
council member assigned to work on the document. Charles Niswanger stated that
this was what happened last week and we keep doing the same thing week after week.
Jim Dunmire stated that the Council would go home, review the documents, send
their comments to Russell Raker by Tuesday evening. Russell will then meet with
the Attorney and Developer Wednesday morning at 8:30 a.m. at Richard Abernathy's
office to prepare a final document. Russell will have the final document back to the
City Hall by Thursday morning. Staff will deliver council packets Thursday or
Friday of this week to give Council a chance to review the document over the
weekend. An agenda will be set for Monday, January 13, 2003 at 7:00 p.m. Motioned
by Jeff Walker and seconded by Michael Perry to table item #'s 2 and 3 on the
current Agenda until Monday.
4. Act to adorst Resolution No. 03-31, desip-natina a_polling place for the Februa
1, 2003 Tax Rollback Election» appointing the election 'ud a and providing for
other necessary officers and establishing procedures for conductiri?_ the election:
Motioned by Charles Niswanger and seconded by Jeff Walker to adopt the
Ordinance. The Election is set for February 1, 2003 from lam to 7pm. Vote 3-0.
Michael Perry opposed. Motion carried.
Adjourn: Mayor Dunmire adjourned the meeting at 7:45 p.m.
Jenniier i.nley, Town Adnlinist for
Ji Dunmire, Mayor