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03.08.2005 Town Council MinutesISPER OWN OF 1. Call to Order I 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, March 8, 2005 at 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 Councilperson Mike Wadsworth; the pledge of allegiance followed. 3. Announcements of dates and times of upcoming community events There were no announcements at tonight's meeting. CONSENT AGENDA ms 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.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings: (SJ) February 21, 2005 Special Meeting February 22, 2005 Joint Meeting between the Prosper Town Council and Prosper Independent School District Board February 22, 2005 Regular Meeting ANNEXATION PETITIONS b. Consider and act to accept a Petition presented by Mary E. Robinson Estate Property, and to set dates for two public hearings and call for a service plan for the voluntary annexation of two tracts of land located in the Elisha Chambers Survey, Abstract No. 179, Collin County, Texas, and the Wm. Butler Survey, Abstract No. 112, Collin County, Texas, containing a total of 81.11 acres of land, and being more generally located on the north and south sides of Prosper Trail, 1,200± feet west of Coit Rd. (SJ) SITE PLANS AND PLATS c. Consider and act upon a preliminary plat for Legacy Pointe, being 910 single family lots and two retail lots on 292.3± acres at the southwest corner of Prosper Trail and Legacy Drive (D04-27). (MH) Page 1 of 5 d. Consider and act upon an amended plat for the Trails of Prosper, Section II, Block F, Lots 6R and 7R, being two residential lots on 0.7± acre on the east side of Trail Drive at Gray Lane (D05.2). (MH) FINANCIALS e. Consider and act upon the financial statements ending February 28, 2005. (AL) Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to pull item c and item a from the consent agenda, and approve items a, b and d of the consent agenda. Motion approved 5-0. Mayor Pro -Tem Lisa Dritschler had concerns about item c and wanted to pull the item to further address thoroughfare screening issues. It was suggested that the location of the sidewalks and the trees along the major thoroughfares of Legacy Pointe be flipped in regard to the landscaping. She also was not supportive of the some of the street names being proposed within the subdivision due to potential confusion it might cause for emergency services operations. Robert Beall, 5712 Colleyville Blvd, Colleyville, Tx. — He is the applicant and he does not have any problems with flipping the landscaping. The applicant also did not have any issues with changing the street names. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to approve item c subject to the following changes: • Legacy Drive and Prosper Trail being improved to Town standards prior to final acceptance of improvements associated with a final plat for this development. • Water and sewer services being extended to the property in accordance with the preliminary water and sewer plans, or in another acceptable method, prior to final acceptance of improvements associated with a final plat for this development. • Dedication of the potential park sites is subject to review and recommendation by the Parks Board and final action by the Council after receiving a recommendation from the Parks Board. Council's approval of the variance request for the over -length block (the Council's approval of the plat indicates their approval of the over -length block variance). • Providing alternate street names for the following streets on the plat: a. North Field Drive b. West Field Drive c. West Field Court d. Rolling Meadow Drive • Amending the "Typical 25' Landscape Buffer Section" to reverse the positions of the tree and the sidewalk. Motion approved 5-0. Motioned by David Bristol, seconded by Kevin Drown to approve the financials less the EDC financials, noting that there were no financials submitted for the EDC. 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.) 5. Comments by the Public There were no comments by the public tonight. REGULAR AGENDA ,ou wish to address the Council during the regular agenda poruan of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. izens 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.) Page 2 of 5 PUBLIC HEARINGS /ASSOCIATED ORDINANCES/PLATS 6. A public hearing to consider and act upon the adoption of a proposed new Zoning Ordinance. (MH) otioned by Mayor Pro -Tem Lisa Dritschler, seconded by David Bristol to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:20 p.m. Mayor Pro -Tem Lisa Dritschler had a few concerns about the size of lots that are being proposed for the medium density lots. She is concerned that more room is being required in the front yard than in the backyard of houses, and that from how the zoning ordinance is written, it appears that the market will drive what size of lot the developers build on and she prefers that the lot size remain larger. Dave Turley, 660 Toledo Bend, Prosper, TX — He feels safe that the market will drive lot size and as a result the market will drive developers to build on bigger lots. He is not concerned about developers building on lots that are too small because he feels the market will drive developers to larger lots. Steve Kiefer, 1150 Brittany Way, Prosper, TX — He likes the idea of a large front yard. He said that he lives in the Trails of Prosper and as a result of the front yards being larger, he has met a lot of his neighbors and people spend a lot of time out front, where a friendlier environment is encouraged. He also added that he is not impressed with Texas HOA's because he believes the money that is paid to those HOA's is spent for landscaping and other items which the developer wants to finish out, since the developer owns control of the HOA until a majority control can be attained by the homeowners within the HOA. Outside of this one major issue, there were several other general questions and discussions revolving around the proposed changes to the Zoning Ordinance. The ordinance will be discussed another time before it is finalized; in the meantime, if anyone is interested in reviewing the rough draft, a copy may be found at the Development Services Office through the Director of Planning, Mitch Humble. Some of the major issues that Council directed Staff to go back and discuss were; • Tree line issues inside and outside of floodplains or tree mitigation • Lot size Studio residence Council will correspond with Mitch throughout the next couple of weeks by sending him questions they have regarding the proposed new ordinance. Robert Shaw, 440 Hidden Lake Drive, Prosper, TX — He didn't move to Frisco or Plano because of the density, and a 15 foot backyard is not a backyard in his opinion. He said if he wants to have a party with 30-40 people, he doesn't want to do it in his front yard, and that a larger sized backyard is needed for that. Motioned by Mike Wadsworth, seconded by Ane Casady to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 8:27p.m. Motioned by Mike Wadsworth, seconded by David Bristol to table the item to March 22, 2005 Town Council meeting. Motion approved 5-0. Council recessed at 8:28 for a short break. Council reconvened from recess at 8:44 p.m. DEPARTMENT ITEMS 7. Consider and act upon 1) an agreement between the Town and DJBT-57, Ltd. regarding improvements to the drainage easement within the Trails of Prosper subdivision and 2) a resolution authorizing the Mayor to execute the agreement. (DM) Chris Blair, 841 Cybil Lane, Prosper, TX — He is interested in maintaining the property he backs up to as opposed to having the Town or the HOA maintain the property. He said that because there is always standing water he cannot utilize his backyard in the summer, and because he wants to use it, he would be more than willing to maintain the area as long as it was maintainable. 7viotioned by Mike Wadsworth, seconded by David Bristol to approve 1) an agreement between the Town and DJBT-57, Ltd. regarding improvements to the drainage easement within the Trails of Prosper subdivision, and 2) a resolution authorizing the Mayor to execute the agreement, subject to the following: Page 3 of 5 a) Capping the town's financial responsibility for participating in this phase at $20,000; b) The developer will fully fund the cost of the work up front, and will receive his refund six months after the completion of the work; and c) If the actual costs come in at less than $37,250, the reimbursement costs drop dollar for dollar. lotion approved 5-0. 8. Presentation of updates on traffic related issues by Town staff. (DM) Town Administrator Doug Mousel gave a brief overview of all the major traffic related updates occurring in and around Prosper. Widening of Preston Road (SH 289) South of US 380 - The bridge for the southbound lanes over Parvin Branch Creek has been completed and the bridge for the northbound lanes over Parvin Branch Creek is under construction. The bridge for the northbound lanes over Panther Creek is under construction. Once the bridge for the northbound lanes is completed, traffic will be switched to new bridge and the construction of the bridge for the southbound lanes over Panther Creek will begin. It is anticipated that the construction of Preston Road will begin in 2006 with the project length estimated to be two years in length. Widening of Preston Road (SH 289) North of US 380 - The Town of Prosper's Thoroughfare Plan anticipates the widening of Preston Road to a six lane divided thoroughfare. Currently, TXDOT has no plans designed and no funding allocated for the improvement of Preston Road. Extension of the Dallas North Tollway South of US 380 - The main lanes of the Dallas North Tollway are scheduled to be extended from their current terminus at Gaylord Parkway in Frisco to US 380 by September 2007. The southbound access road will also be constructed from Main Street in Frisco to US 380 by September 2007. Extension of the Dallas North Tollway North of US 380 - In November 2003, a bond program was approved by Collin County voters to fund a variety of open space and transportation improvements. Specifically, the bond included funds for the two-lane extension of the Dallas North Tollway from U.S. 380 north through Prosper to FM 428 in Celina. Representatives of Collin County have forwarded right-of-way deeds to the owners of property along the alignment of the extension of the future northbound service road. Of the 26 parcels along the -osper portion of the Tollway extension, the owners of 12 parcels have dedicated right-of-way for the Tollway. Only one parcel of the 11 parcels along the Celina potion of the Tollway extension has been dedicated. Interchange at Intersection of Preston and US 380 - Town staff has met with TXDOT staff to express the Town's desire to begin design of a future interchange for the intersection of Preston Road and US 380. Town staff is in the process of coordinating a meeting of representatives of the North Texas Tollway Authority (NTTA), TXDOT, and the City of Frisco to discuss the design of the interchange and its relationship to the future interchange at the intersection of the Dallas North Tollway and US 380. Improvement of CRs 74 and 78 (East First Street) and CR 80 (Coit Road) - The County has authorized utility work to begin on these roads allowing for the improvement of the roads to occur this summer. Town staff, with the assistance of the developer of the Whispering Farms subdivision, is in the process of securing street easements from the property owners along CR 80 to allow for the improvement of CR 80. A majority of the property owners have dedicated the easements or committed to executing the easements. Improvement of Prosper Trail (CR 4) - Town staff has discussed the general framework of development/impact fee agreements with representatives of Goodman Land Advisors and the Skorburg Company in an effort to improve a portion of Prosper Trail from asphalt to concrete from Coleman Street (Business 289) west towards the Dallas North Tollway. 9. Discuss the subject of employee briefing sessions and activity reports. (DM) Doug informed council that they will continue to receive activity reports, however, nothing outside of the scope of what is listed on that specific report can be discussed during the Council meeting. 10. Discuss the desired characteristics of and facilities within a community park. (DM) "ouncil stated that they wanted to discuss this at a later date. In the meantime, they will give their input to the parks board directly as to Aat they desire regarding characteristics of a park. Mike Wadsworth is going to discuss this item with Planning Director Mitch Humble and let the parks and recreation department know that the Council is also interested in holding a joint meeting with them pertaining to this item. Page 4 of 5 11. Discuss and provide direction to Town staff regarding preparation of a capital improvements plan and an impact fee update. (DM) pug Mousel stated that we need to do an RFP for a capital improvement plan before we proceed forward with the impact fee update. He will bring this item back to Council in the future for discussion after the RFP has been conducted. 12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. • Drainage issue downtown that runs down past Church Street • Budget kick-off, goal setting for Council EXECUTIVE SESSION 13. 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 did not convene into executive session to discuss this item as the Town Administrator indicated it was not necessary. 14. Reconvene into regular session and take any action necessary as a result of the closed session. N/A 15. Adjourn Motioned by Ane Casady, seconded by Kevin Drown to adjourn the meeting. Motion approved 5-0. Meeting adjourned at 10:13 p.m. Attest Charles Nis n er, Ma Page 5 of 5