Loading...
01.25.2005 Town Council MinutesTOWN OF S PER 1 . Call to Order 1 Roll Call. Meeting was called to order at 6:05 p.m. Roll call was taken by the Town Secretary Minutes (approved) Regular Meeting of the Prosper Town Council 601 South Church Street Prosper First Baptist Church Children's Building (S. Wing) Tuesday, January 25, 2005 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Ane Casady, Kevin Drown, Mike Wadsworth and David Bristol. Staff present included: Town Administrator, Doug Mousel; Director of Planning, Mitch Humble; and Town Secretary, Shanae Jennings. 2. Invocation and Pledge of Allegiance Invocation was given by Councilwoman Ane Casady. The Pledge of Allegiance followed. 3. Proclamation of the Town of Prosper by the Mayor honoring January 2005 as School Board Recognition Month Mayor Charles Niswanger read the proclamation that he presented to the school board on Monday, January 17, 2005. 4. Announcements of dates and times of upcoming community events )lividuals can file for office for Town Council beginning February 5, 2005 and ending March 7, 2005. 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) M January 11, 2005 Regular Meeting PLAT b. Consider and act upon a request for approval of a final plat of the Villages at Prosper Trail, Phase 1, being 79 lots on 28.0± acres located at the northwest corner of Prosper Trail and the BNSF Railroad (D04.26). (MH) RESOLUTIONS c. Consider and act upon a resolution authorizing the Mayor to execute a landscape easement adjacent to East First Street. (DM) 1 tinned by Mike Wadsworth, seconded by David Bristol to approve the consent agenda. Motion approved 5-0. PUBLIC COMMENTS Page 1 of 7 (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 fere were no public comments 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 /ASSOCIATED ORDINANCES/PLATS 7. Second Public Hearing to consider the proposed voluntary annexation of a tract of land located in the Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing 119.453 acres of land, and being more generally located at the southwest corner of Prosper Trail and Custer Road. (A 2004-27, Clark Partners, L.P.) (SJ) Motioned by Kevin Drown, seconded by Mike Wadsworth to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:11 p.m. There were no requests to speak on this item. 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 6:11 p.m. 8. A public hearing to consider and act upon a request for a variance to the requirement of a maximum four -foot fence height when located in the front yard of a single family home located at 500 Cloud View Court, at the northwest corner of Cloud View Court and Rock Hill Road within the Willow Ridge subdivision (VO4-4). (MH) inning Director Mitch Humble stated that the applicant has still not met the standards set forth by the Town of Prosper to grant a ariance and he is recommending denial of this request for the second time. Mitch stated that these are not rights which are permitted to individuals, and that though there are instances in which variances have been granted in the past by the Town when they should not have been, some of those were done by mistake, some were done without permit, and others were shear oversights. Mitch Humble believes that to grant this variance would cause potential safety issues to the house sitting behind this one because of visual constraints when pulling in or backing out of a driveway, and the Town has an obligation to ensure the safety of those residents. Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:16 p.m. Doug Bloomer, 6600 Preston Rd — He is the future owner of the lot being discussed. He pointed out that there are five other houses which variances have been granted, whether they were because of error or any other reason, he believes he should be granted the same right to proceed with his variance request for a six foot fence. David Bristol asked Mr. Bloomer if he was still agreeable to moving the fence line back 10 feet from the property line and 15 feet from the building line and Mr. Bloomer expressed that he was still agreeable to this. Andy Voit, 700 Willowgate — He passed out a letter agreeing to place the driveway on the west side of the lot moving further away from the fence. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Ane Casady to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:29 p.m. This item requires four concurring votes in order to be passed because it is a variance request. It may be denied with a majority vote. .rayor Pro -Tem Lisa Dritschler feels that there is a dangerous traffic situation immediately adjacent to this lot, and that the variance request does not meet the requirements set forth by the ordinance of the Town; therefore, she is against approval of this variance. There was no further discussion on this item. Page 2 of 7 Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Ane Casady to deny the request for a variance to the requirement of a maximum four -foot fence height when located in the front yard of a single family home located at 500 Cloud View Court, at the northwest corner of Cloud View Court and Rock Hill Road within the Willow Ridge subdivision (VO4-4). Motion approved 3-2. Kevin Drown and David Bristol -rated in opposition of the motion to deny the variance. A public hearing to consider and act upon a final plat of Whispering Farms, Phase 2, being 51 single family lots on 121.2± acres and being a replat of Whispering Farms, Phase 1, Block G, Lot 1 and Block A, Lots 6X, located on the east side of Coit Road, 1,200t feet south of Prosper Trail. (1004-24) (MH) Motioned by David Bristol, seconded by Kevin Drown to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:35 p.m. There were no requests to speak on this item. Motioned by David Bristol, seconded by Kevin Drown to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:35 p.m. Motioned by Kevin Drown, seconded by Mike Wadsworth to approve a final plat for Whispering Farms, Phase 2, being 51 single family lots on 121.2± acres and being a replat of Whispering Farms, Phase 1, Block G, Lot 1 and Block A, Lots 6X, located on the east side of Coit Road, 1,200± feet south of Prosper Trail subject to the following conditions: Coit Road being improved to Town standards prior to final acceptance of a final plat for this phase to provide the required access to the western portion of the property, staff approval of the landscape and screening plans, modification of the final plat and engineering plans as required by the Town's consulting engineer, and final acceptance of all necessary offsite utility improvements and the filing of their associated easements prior to final acceptance of this plat. Motion approved 5-0. 10. A public hearing to consider and act on a request to rezone 44.0± acres at the northwest corner of Custer Road and University Drive from Single Family -1 to Commercial (Z04-21). (MH) Mitch Humble recommended approving this item; however, he recommends approval of only the 30 net acres at the southern end of the -operty being zoned as Commercial. Motioned by Kevin Drown, seconded by David Bristol to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:40 p.m. Paul Johnston, 2045 N. Hwy 360, Ste. 250 Grand Prairie — He works for the owner of the property and wanted to introduce himself; however, he deferred the presentation to Mr. Curry. Craig Curry, 10850 Research Road, Frisco, Tx — He represents the applicant in their request to change from SF1 to Commercial zoning. His belief is that 40 acres at this corner is probably not enough; however, that is all they are requesting to re -zone at this time. Additionally, he wants to address the depth, length and orientation of the users regarding the configuration of the property. Lastly, he doesn't think the 10 acres located on the west should come into consideration of the Council's decision. Craig Curry reminded the public that the land use plan is simply a proposed plan, but is not something that has to be set in stone. He urged Council to think of what is best for this piece of property as opposed to the proposed plan as a whole. Jeff Burandt,1540 Gentle Way, Prosper, TX — He feels that the first Commercial growth of Prosper will be at Custer Road and he doesn't feel as though 40 acres is a very large lot to be asking for Commercial zoning. He highly supports this request for re -zoning as someone who lives close to this intersection and as a community member of Prosper in general. Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 7:05 p.m. Mayor Charles Niswanger believes the entire tract should be zoned Commercial. Mitch Humble stated that he is concerned about the density of this land and that is his only concern right now. Outside of the density ,ncern he thinks 40 acres would be fine. Mayor Pro -Tem Lisa Dritschler thinks this is a prime area and that it is the wrong corner in which to try and cut retail development. She supports the 40 acres being proposed for Commercial zoning. Page 3 of 7 David Bristol stated that he does believe it is important to follow the land use plan as it is proposed and in the past Council has denied requests based on the fact that they are not consistent with the land use plan; however, in this case he feels this corner property is a good recommendation for Commercial zoning. ''ke Wadsworth expressed concerns about the northern 10 acres being so far away from the intersection of Custer and University; .,owever, overall he is supportive of the zoning. Motioned by David Bristol, seconded by Mayor Pro -Tem Lisa Dritschler to approve a request to rezone 44.0± acres at the northwest corner of Custer Road and University Drive from Single Family -1 to Commercial. Motion approved 5-0. 11. A public hearing to consider and act on a request to amend PD -9 -Single Family to include an additional 119.4± acres located at the southwest corner of Prosper Trail and Custer Road into the Whitley Place Planned Development and to include some additional single family lot types in that planned development (Z04-24). (MH) Mitch Humble stated that he is concerned about the corner of Prosper Trail and Custer Road being zoned as retail because on the land use plan it is listed as residential. His second concern is that the proposed park site is located adjacent to a residential instead of within a residential area, and he believes it is a potential safety risk for kids to play in a park which is located next to a major thoroughfare. Mitch recommends approval of the residential, and recommends removal of the retail. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 7:29 p.m. Dale Clark, 16250 Dallas N Pkwy — They are excited about this proposed development and the fact that on this plan they were able to adjoin two properties — which they believe enhances the property surrounding the Creek. Maureen Patin, 3730 E. Prosper Trail, Prosper, TX — They are concerned about the proposed density of the property being developed. It appears to be significantly higher than the tract that connects to it. Other than this one concern, they think this proposal would be a nice addition to the Prosper community. James Barnes, 6090 CR 79 — He lives adjacent to the property being proposed for zoning. He is concerned because there are no trees on backsides of these lots which are being proposed. He is also concerned about the natural vegetation adjacent to his property, as well as a Bois de Arc tree which he doesn't want to see destroyed because it has been in existence since the early 1800's. Mr. Clark said that they would generally put a landscape easement in to protect natural preservation of things such as the Bois de Arc tree. Rudy Guerrero, 2C Rhea Mills Circle, Prosper, TX — His concern is the density of the property. He thinks it looks like a really nice plan and appreciates that the developers have put parks within the plan, but he is still concerned that it is too dense. He is also concerned about heavy traffic going through this area. 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 8:08 p.m. Mayor Pro -Tem Lisa Dritschler is concerned about putting a park in the middle of a major thoroughfare. Her concern is for the safety of the kids. Kevin Drown would like to see retail stricken and some larger lots added. Mike Wadsworth is supportive of this entire concept, except for the retail zoning on Prosper Trail and Custer Rd, and he too would like to see some lots added back. Mr. Clark stated that they would be amenable to changing the retail request on the corner of Prosper Trail and Custer Road to residential for 636 lots. Motioned by Mike Wadsworth, seconded by David Bristol to approve a request to amend PD -9 -Single Family to include an additional 119.4± acres located at the southwest corner of Prosper Trail and Custer Road into the Whitley Place Planned Development and to include some additional single family lot types in that planned development subject to the following: the attached planned development exhibits, the retail tract be removed and replaced with residential units, meeting one or more of the included lot type standards, at a density of not more than 2 units per acre, and a maximum total of 636 lots, striking sections 2.13 and 2.14 regarding park dedication and �provements and deferring those issues to be discussed within the context of a development agreement at the time of platting, and changing all incorrect references to "Exhibit A" to "Exhibit D." Motion approved 5-0. Council took a short recess at 8:30 p.m. Council reconvened from their recess at 8:36 p.m. Page 4 of 7 DEPARTMENT ITEMS 12. Consider and act upon an ordinance prohibiting the use of engine brakes within the Town. (DM/KM) ayor Charles Niswanger said he doesn't believe there is any reason for a trucker to use engine brakes, also known as Jake Brakes, in the Town. Ane Casady asked what happened to the truck route that Council discussed putting into place. Mayor Pro -Tem Lisa Dritschler said that if we are going to have a Jake Brake ordinance, we should at least have a designated route for truckers to drive. Town Administrator Doug Mousel stated that he does not have a problem working with the Police Chief to get designated truck routes put into place; however, he doesn't feel the engine brake ordinance and designated truck routes have anything to do with one another. David Bristol supports a designated truck route and he also supports this ordinance in order to avoid noise nuisances to the Town. Laura Allison, 602 Creek View Drive — She said she lives in Stonecreek and the Jake Brakes wake up her 2 -year-old at any time of the day and night. She is appreciative of Council putting this ordinance into place so that she and her family, as well as neighborhood, can get rest and peace. Motioned by David Bristol, seconded by Kevin Drown to approve an ordinance prohibiting the use of engine brakes within the Town. Motion approved 5-0. 13. Discuss final costs of the Central Fire Station and possibly direct staff to proceed with construction of a helistop. (RT) Fire Chief Ronnie Tucker gave a review of the final report of the Central Fire Station. He reported that Council approved $1,200,000.00 for construction of the new fire station as well as $100,000.00 for soft goods. The total cost of the entire project, including soft goods came out to be $1,357,066.65, which means the cost of the station came in at $272,933.35 under the allocated budget. However, an immense amount of time, labor and goods was donated to this project from within the fire department staff, town staff and the community. Ronnie Tucker said he doesn't want a helicopter in Prosper, but he does believe the Town needs a location where a helicopter can land. ght now helicopters land and meet the Fire Department at either the High School or Elementary School. He is proposing to put a 40 X 40, 6 inch unlit slab in the area behind the Fire Department. He received a cost projection of $6,600. Mayor Charles Niswanger and Mayor Pro -Tem Lisa Dritschler believe the Fire Department should continue using the resources they have right now to land their helicopters. David Bristol and Mike Wadsworth have no problem supporting $6,600 for a helistop. Council directed Chief Tucker to see what he could get accomplished at either no or minimal cost, and bring the information back to them for further discussion and assessment regarding the helistop. 14. Presentation and discussion of the Prosper Fire Department's 2004 year-end report. (RT) Fire Chief Ronnie Tucker gave an overview of the 2004 year end incident statistics. 15. Consider and act upon a resolution authorizing the Mayor to execute a NEXTEL Subscriber Agreement. (DM) Motioned by Kevin Drown, seconded by Mike Wadsworth to adopt a resolution authorizing the Mayor to execute a NEXTEL Subscriber Agreement. Motion approved 5-0. 16. Discuss and provide direction to Town staff regarding potential ideas and locations for future municipal facilities. (DM) Mayor Charles Niswanger believes that employees are currently stacked on top of one another within their offices and that with increased space to work there will be increased productivity level within the staff. He would like to see the property across the street from Town Hall rented for either the administrative staff or the police station, and then relocate the building which houses the police department at present and build on the site where it currently stands. The new building would house a large portion of the town staff as whole. The Mayor is not in favor of moving the municipal complexes into Town Center off of Preston Road and Broadway for either an interim or permanent solution. Prosper Town Center did distribute a proposal to the Town today for consideration of an interim facility to house town staff. i.om Clark, 4601 Langland, Suite 107, Dallas, TX — He is the developer of Prosper Town Center. He said they would love to have Prosper Town Staff in the Town Center either as a lessee in an interim facility, permanently, or in whatever capacity might be available. They Page 5 of 7 would just like to work with the Town. He also understands if council wants to move away from this idea and totally dismiss it as an option. They are simply requesting that council direct them in one way or another as to whether or not Town Center might be a possibility for them. ')avid Bristol wants to keep the municipal buildings located downtown, though he appreciates the effort put into the presentation by osper Town Center. He advocates a lease with the rental property across the street from Town Hall at 110 W. Broadway and supports use of the building for municipal court and other public meetings. Mike Wadsworth is supportive of moving the police department out of where they currently reside and either into the portable building behind Town Hall or into the building across the street from the current Town Hall. He is also supportive of building a new building on the land the Town already owns, where the existing police station resides. Kevin Drown likes the idea of moving the police department to 110 W. Broadway and having them downtown where they are move visible. He also advocates building a structure on the site the Town owns where the police department currently resides. Lisa Dritschler advocates building on land we already own. She also asked where administration would move if the police department moves to 110 W. Broadway. Doug Mousel stated that administration would move back to the portable building. She also advocates moving council meetings to a more neutral facility and out of the church which has been a source of complaints for some people. Ane Casady had to leave the meeting at 10:06 p.m. Council directed staff to move the police department out of the building they are currently located within and move them into something safer and more reliable. They also directed staff to look into building on the site where the current police station exists, which is land the Town already owns. 17. Consider and act upon a lease agreement for the property at 110 W. Broadway and a resolution authorizing the Mayor to execute the agreement. (DM) Mayor Charles Niswanger said that the owner will lease the space for $600.00 a month and the Town will be responsible for heating, air nditioning, electrical and plumbing maintenance costs. The owner will agree to a year lease with a year option to extend under these circumstances. Lisa Dritschler asked if the staff would be submitting a revised budget since this was not in the budget and the Town Administrator Doug Mousel stated that this will be submitted as part of a revised budget. The terms of the lease presented to Council in their packets varied from the terms the Mayor relayed to Council; therefore, Council would like to see a final version of the lease before authorizing approval. Motioned by Mike Wadsworth, seconded by Lisa Dritschler to finalize negotiations of a final lease agreement with Nell Templin for the property at 110 W. Broadway for $600 rent for a one year lease with a one year option subject to the following conditions: the tenant maintains the inside of the building, the landlord maintains the structure, an inspector will inspect the facility, the Town Attorney will approve the new contract and a new lease agreement will be presented to council before final approval of the contract. Motion approved 4-0. Council did not act on the resolution. 18. Discuss and provide direction to Town staff regarding entering into a revised agreement with Perkins & Will for the preparation of a needs assessment and Town facilities master plan. (DM) Lisa Dritschler is not impressed with Perkins and Will's creative and conceptual design performance. She also wants to know what a needs assessment book is, what all it entails, and does the Town need to spend money on it? Both David Bristol and Mike Wadsworth concur with Lisa Dritschler's comments and are not supportive of moving forward with Perkins and Will or an architect at this time. Mike Wadsworth would like to see Perkins and Will finish the book that they are working on at the point at which they are at right now. David Bristol stated that he does not want to move forward with Perkins and Will, but in whatever next steps the Town takes he would like to see it get the most aesthetically appealing complex on the most reasonably priced land. i'own Administrator Doug Mousel stated that he wants the Council and Staff to drive the design and development of Town Hall, and not a developer. He feels that the longer Council and Staff go without giving direction to developers that the Town might utilize their land, the Page 6 of 7 larger the possibility that Town Council and Staff will not be driving the selection, development and design process of the facility or the land. 44. Consider and act upon a request to initiate a zoning case regarding the adoption of a new Zoning Ordinance. (MH) Motioned by Mike Wadsworth, seconded by David Bristol to approve a request to initiate a zoning case regarding the adoption of a new Zoning Ordinance. Motion approved 4-0. 20. Discuss and provide direction to Town staff regarding a possible Sign Code amendment regarding temporary signs for new businesses. (MH) Council chose to discuss this item at a later date. 21. Discuss and provide direction to Town staff regarding the Thoroughfare Plan and possible street sections. (MH) Council chose to discuss this item at a later date. 22. Discuss pending and future thoroughfare and traffic improvements within the Town. (DM) Council chose to discuss this item at a later date. Sally Holmburg, 1506 River Hill, Prosper, TX — She wanted to know if traffic lights and left turn lanes would be part of the discussion regarding thoroughfare and traffic improvements. Staff responded that it would include both of those items as well as additional ones. 23. Discuss recent and upcoming activities of the Mayor and Town Administrator. (DM/CN) A general overview of the recent and upcoming activities of the Mayor and Town Administrator were covered. Recess into Closed Session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit, Section 551.072 to deliberate about real property regarding acquisition of right-of-way for the extension of the Dallas North Tollway. Council recessed into executive session at 11:09 p.m. 25. Reconvene into regular session and take any action necessary as a result of the closed session. Council reconvened from executive session at 11:20 p.m. No action was taken as a result of the executive session. 26. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. a Council would like to discuss potential truck routes. 27. Adjourn Motioned by Mike Wadsworth, seconded by Kevin Drown to adjourn the meeting. Motion approved 4-0. Meeting adjourned at 11:21 p.m. Attest: Chfarl�es IV sw�rr € ,May Page 7 of 7