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04.12.2005 Town Council MinutesISPER OWN OF 1. Call to Order/ Roll Call. Meeting was called to order at 7:11 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, April 12, 2005 at 7:00 p.m. (or immediately following the 6:00 p.m. joint meeting of the Town Council and Parks and Recreation Board) Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Diritschler, 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 Pastor John Fowler, Presbyterian Church of Prosper; the Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events Council will have a joint meeting with the Prosper Independent School District Board on Monday, April 18, 2005. Council will have a work session on April 19, 2005 regarding the zoning ordinance. council will have a joint meeting with the Prosper Economic Development Corporation sometime in early May. The date has not been confirmed as of yet. The General Elections for council and school board will be held May 7, 2005. Early voting begins Wednesday, April 20, 2005 and lasts through Tuesday, May 3, 2005. Early voting will be held at two locations: 1) in Prosper at the Prosper High School; and 2) in McKinney at the Collin County Elections Office off of Redbud. Wednesday, June 1, 2005 the Collin County Leadership program will hold a graduation ceremony for its inaugural class. Town Administrator Doug Mousel and Councilman Mike Wadsworth have been active members of the inaugural class. Meet the candidate's forum sponsored by the Chamber of Commerce will be held at Prosper Elementary School on April 14, 2005, beginning at 6:00 p.m. 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.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the March 22, 2005 regular meeting of the Town Council. (SJ) l -., NEXATION PETITIONS Page t. of 8 b. Consider and act to accept a Petition presented by Prosper 310, L.P.(a), and to set dates for two public hearings and call for a service plan for the voluntary annexation of tracts of land located in the Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas, containing approximately 72.13 acres of land, and the Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing approximately 28.75 acres of land, for a total of approximately 100.88 acres of land, and being more generally located on the south side of First Street, 2,000± feet west of Custer Road. (SJ) c. Consider and act to accept a Petition presented by Prosper 310, L.P. (b), and to set dates for two public hearings and call for a service plan for the voluntary annexation of tracts of land located in the Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas, and Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing approximately 138.702 acres of land, and being more generally located on the southwest corner of First Street and Custer Road. (SJ) d. Consider and act to accept a Petition presented by Prosper 310, L.P. (c), and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas, containing approximately 146.609 acres of land, and being more generally located on the north side of University Drive, 3,000± feet west of Custer Road. (SJ) e. Consider and act to accept a Petition presented by JBJICalder Fund V, J.V., and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 85.789 acres of land, and being more generally located on the northwest corner of Dallas Parkway and Prosper Trail. (SJ) f. Consider and act to accept a Petition presented by One Longhorn Land I, L.P., and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 3.350 acres of land, and being more generally located on the east side of Dallas Parkway, 1,500± feet north of Prosper Trail. (SJ) g. Consider and act to accept a Petition presented by Campbell Holdings, LTD (a)., and to set dates for two public hearings and call for a service plan for the voluntary annexation of tracts of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 82.459 acres of land, and being more generally located on the east side of Legacy Drive, 1,500± feet north of Fishtrap Road. (SJ) h. Consider and act to accept a Petition presented by Campbell Holdings, LTD (b), and to set dates for two public hearings and call for a service plan for the voluntary annexation of tracts of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 86.999 acres of land, and being more generally located on the south side of Prosper Trail, 1,500± feet east of Legacy Drive. (SJ) i. Consider and act to accept a Petition presented by Campbell Holdings, LTD (c), and to set dates for two public hearings and call for a service plan for the voluntary annexation of tracts of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 100.288 acres of land, and being more generally located on the north side of Fishtrap Road, 2,500± feet east of Legacy Drive. (SJ) SITE PLANS AND PLATS j. Consider and act upon a preliminary plat for Stone Creek Commercial, Phase 2, being five office buildings on six lots on 3.8± acres on the west side of Preston Road, 420± feet north of Broadway Street (D05-1). (MH) FINANCIALS k. Consider and act upon the financial statements ending March 31, 2005. (AL) Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to remove item 4j from the consent agenda. Motion approved 5-0. -3vid Bristol would like to note that in the financials a new sheet was added for the Prosper Economic Development Corporations budget. Motioned by David Bristol, seconded by Ane Casady to approve the consent agenda, less item 4j. Motion approved 5-0. Page 2 of 8 Mike Wadsworth is supportive of item 4j, he only wanted to point out that on previous issues regarding the Stonecreek subdivision he has abstained from voting because he served as a trustee of some of those properties; however, he is no longer the trustee for any of those properties, and he will now vote on items relating to Stonecreek. He has requested that an email sent to the Town Secretary stating that he will now be voting on these items be filed with his abstention affidavits so that it is part of the permanent record. Motioned by Mike Wadsworth, seconded by David Bristol to approve item 4j. 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 (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.) PRESENTATIONS 6. Hear and discuss presentations by the following firms regarding architectural services for the design and construction of a municipal building for the Town: (DM) a.) Kirkpatrick Architecture Studio b.) Milton Powell & Partners c.) Randall Scott Architects rrkpatrick Architecture Studio .,-t Kirkpatrick , Kirkpatrick Architecture Studio, 100 West Mulberry, Denton, TX — He indicated that his firm has completed an award winning library for the City of Denton, is presently working with Cleburne on a new community center, and has completed several other municipal construction projects. He spoke about creating a building that would enhance and be in sync with the character of Prosper. He also talked about the neat feeling one gets when they drive up the hill of Broadway and into downtown, and how he would like the look and feel of the building to represent that feel. Mr. Kirkpatrick focused on the fact that whatever is built will likely be quickly outgrown and will need to be reused for some other purpose once it is outgrown. He wants to be traditional and sensitive to the old Prosper, but also wants to build something that is adaptable to current and future Prosper. He indicated that the first goal of his company would be a charette in which he gets all stakeholders together to discuss the goals and development of the project through defining the process and laying out the building design. He stressed the need for buy -in from the user/stakeholders, and he also stressed the need for the construction manager at risk to be an integral part of the planning process. The Mayor asked how often one of Mr. Kirkpatrick's people will show up on the job, and Mr. Kirkpatrick said at least twice a week, more if necessary. The Mayor said that he wants to stress he is not an advocate of change orders because of the cost associated with them, and Mr. Kirkpatrick said he understands well the animosity that change orders can cause, and that with a construction manager at risk on board, it minimizes the potential for change orders. However, there will always be minimal change orders because of fluctuation of piers and other miscellaneous mattes; however, he stated they only occur to the extent they are fair and reasonable. Mike Wadsworth asked Mr. Kirkpatrick what he thought should be the Town's greatest concern in the building of this project. Mr. Kirkpatrick said his concern is that the site is small, and he would like to see a site four times that size because the parking required by Jde will be difficult, as well as drainage issues; however, he loves the fact that it is in downtown, and that the location gives it a distinct feel. He stressed the need for adaptive re -use of the building. Page 3 of 8 Milton Powell & Partners Milton Powell stated that he will present, along with associates Pankaj Patel and Richard Robinson — 5401 N. Central Expressway, Suite 200, Dallas, TX. Mr. Powell indicated that they want to learn what Prosper's needs are and create a design for those needs. They were `he architectural firm on the Flower Mound Town Hall, and it was created in a park type layout with the library, fire department and police .apartment in a square shape. Mr. Powell indicated that he is aware the Town wants to use this building for a future need, and for that reason he believes the structure should be very simple since it is unknown what the future use of the building will be. He indicated they are aware a construction manager at risk will be used, and he is favorable to that idea. He further indicated that if the council chambers are to be built into the building, it would be important to build it where the council chambers could be sectioned off of the rest of the building for privacy at night, while the remainder of the municipal complex offices are secure. Dick Robinson distributed a list of prior project budgets and construction cost summaries of projects that were bid out publicly that the firm completed. The list indicated what the final cost of each project was and whether or not his firm came in over, under, or within the projected amount. Pankaj Patel addressed project response time and the issue of scheduling. He emphasized the importance of staying within the schedule in an effort to make the project a success, as well as working with the construction manager to ensure that both parties are on the same schedule and in line with what the other is doing. Mr. Powell indicated that he understands there is a fixed budget that must be worked within, and he stated that there are three members of his team here tonight that would work hands on with the project. He supports the construction manager at risk concept for practical reasons such as pricing and constructability of the building. He also stated that he understands that there is a need for this building to be re -used in the future and they are well aware that is a primary function of this project. He indicated that the programming of the project, including the square footage and other specifics, is something he would hope to finalize for and with Town officials. Randall Scott Architects Randall Scott, 14755 Preston Road, Suite 730, Dallas, TX - Vince Miller and Judy Harris are Mr. Scott's associates and attended in pport of Mr. Scott's presentation tonight. He stated that an entire team would be put on this project, and within their contract with the Town they require that either a principle do the work and/or design the work; therefore, consultants are not assigned once a contract is established. They have created a design center including an entire complex for the City of Commerce, as well as a Fire Station for Haltom City and an entire municipal complex for the City of Grandbury. They have done animal shelters, police departments, municipal court facilities, city halls, and several other municipal complexes. Mr. Scott addressed the importance of a project that fit within the atmosphere of Prosper's downtown. He indicated that interior design is provided in house with Randall Scott Architects, and animated drawings are always included within the contract cost so that there is no question as to what the design will look like. He suggested that the programming and schematic design phase will generally drive the cost, so they do that up front in order to control costs. Mr. Scott said that a charette would be held for the planning stage of the project, and all stakeholders would be interviewed and addressed to get the entire scope of the needs for the project. He knows that Prosper will want this to be a landmark building that can be used for something else in the future; and it should therefore be flexible, adaptable, and expandable for those future uses. Mr. Scott indicated that he worries about being on budget and on time more than anything once the design phase is complete, and that his major goals will be to be within budget and on time. A goal of the layout will be to create easily identifiable department locations so that community members can find departments such as utility billing without getting lost. Signage was also stated as an important necessity. He indicated their change order history is very low, falling at half of only one percent. Mayor Pro -Tem Lisa Dritschler asked Mr. Scott how they have faired at the completion of their past three municipal projects, and he said they came in under or right at budget on all of them, and they were all completed per the calendar that was set. PUBLIC HEARINGS /ASSOCIATED ORDINANCES/PLATS ', Presentation of Service Plan and First Public Hearing to consider 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) Page 4 of 8 Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 8:50 p.m. btioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to close the public hearing. Motion approved 5-0, Mayor Charles Niswanger closed the public hearing at 8:51 p.m. 8. A public hearing to consider and act upon a site plan and replat for Whispering Farms Commercial Center, being a day care center and two office buildings on five lots on 10.4± acres at the southeast corner of Coit Road and Prosper Trail (D04.20). (MH) Motioned by Mike Wadsworth, seconded by Ane Casady to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 8:52 p.m. Michael Beatty, 4516 Lovers Lane, Dallas, TX — He is here to answer any questions and would also like to announce that Whispering Farms will be home to the Whispering Farms Montessori Academy. Motioned by Ane Casady, seconded by Kevin Drown to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 8:54 p.m. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by David Bristol to approve a site plan and replat for Whispering Farms Commercial Center, being a day care center and two office buildings on five lots on 10.4± acres at the southeast corner of Coit Road and Prosper Trail, subject to staff recommendations. Motion approved 5-0. 9. A public hearing to consider and act upon the adoption of a proposed new Zoning Ordinance (Z05-1). (MH) Council chose to not conduct the public hearing this week and instead wanted to try and plug numbers into a matrix to explore the issue facing the density of lot sizes. Mike Wadsworth wanted council to give their recommendations for what they would choose for density regarding lot sizes if they were able to throw out a wish list on the matter. He stated that he would start the process since he suggested it, _d that he is making his recommendations working under the goal of a density zoning concept, while still attempting to meet constituent expectations for larger lot sizes. Mike Wadsworth proposed the following square footages: 12,500 (SF -1), 10,000(SF-2), 8,500(SF-3) and 7,250(SF-4). David Bristol proposed new zoning designations of three lot sizes as follows: 30,000 (SF -1), 15,000 (SF -2) and 10,000 (SF -3). David Bristol indicated that though he supported the density zoning concept in the beginning, he feels he now has a better idea of what the community wishes are through speaking with neighbors and the community in general, and he feels the feedback he is hearing is resoundingly for big lots; therefore, he is now proposing bigger lots since it appears to be the desire of the community. Mayor Pro -Tem Lisa Dritschler proposed: 1 acre or 43,560 (SF -1), 20,000(SF-2), 15,000(SF-3) and 10,000(SF-4). Kevin Drown proposed: 20,000 (SF -1), 15,000(SF-2), 12,500(SF-3) and 10,000(SF-4). Mayor Charles Niswanger: 20,000 (SF -1), 15,000(SF-2), 12,500(SF-3) and 10,000(SF-4). Ane Casady: 30,000 (SF -1), 20,000(SF-2), 15,000(SF-3) and 10,000(SF-4). Currently, Prosper has the following lot sizes in its zoning ordinance: 1 acre or 43,560 (SF -1), 15,000(SF-2), 10,0 00(SF-3) and 7,000(SF- 4), respectively. Mitch Humble indicated that Mike Wadsworth's numbers are the only ones that work if you are trying to work with a density zoning concept. However, if the goal is not density zoning then one would not need to try and make the numbers fit. Mike Wadsworth pointed out that his numbers would be different if he were not trying to compromise with the density zoning concept; but, if he were recommending numbers ;sed on the concept, this is what they would be. If he were recommending numbers not based on the concept, his numbers would and -will be different than these. Motioned by Mike Wadsworth, seconded by David Bristol to table the item until April 19, 2005. Motion approved 5-0 Page 5 of 8 10. A public hearing to consider and act upon a request to rezone 80.6± acres at the northeast corner of Prosper Trail and Coleman Street from Single Family -1 to Single Family -2 (Z05.2). (MH) otioned by Kevin Drown, seconded by David Bristol to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 9:19 p.m. Mayor Pro -Tem Lisa Dritschler asked if Mitch Humble has spoken to any of those in opposition to this zoning. He said that he has spoken to one person in opposition, but he is unsure if it was someone who submitted a letter of opposition or not. Mitch indicated that there is not enough opposition to require a supermajority vote. The main concerns people had were more of objections, in that they simply did not want to see the agricultural land across the street from Coleman developed. Mark Webb, 6324 Bandera Ave., Dallas, TX — He represents the landowner and they are building SF -2 lots, most of which are 12,000 square foot lots or larger. There will be a two lane boulevard with a median and a recreation and detention area in this development. He indicated there will likely be two little lakes for detention in these developments to avoid drainage problems. Dave Turley, 660 Toledo Bend, Propser, TX — He indicated that most people don't realize that rising water is not covered by insurance, and he expressed concern for the development saying that he hopes council takes into consideration the potential for rising water in this area. Doug Mousel stated that prior to final platting the plans will be reviewed by the Town's engineer, and drainage issues will be paid very close attention. However, Doug reminded everyone that this request tonight is for zoning, not for drainage issues. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 9:34 p.m. Motioned by David Bristol, seconded by Kevin Drown to deny a request to rezone 80.6± acres at the northeast corner of Prosper Trail and Coleman Street from Single Family -1 to Single Family -2. Motion approved 4-1. Mike Wadsworth opposed denial of this request. When asked by Mark Webb why council decided to deny the request, David Bristol stated that he motioned to deny it based on the fact that the �7wn wanted to stick with large lot sizes. Mark Webb stated that they have met every condition they have been asked to meet by the Town and he wanted to make sure that he heard the denial correctly. Mayor Charles Niswanger stated it is correct that the Council denied the request. Mark Webb again expressed that he did not understand the grounds for which council was denying the request. David Bristol asked Planning Director Mitch Humble what the criteria were for changing zoning from SF -1 to SF -2, and Mitch Humble stated that it is a discretionary decision and there doesn't have to be any criteria specifically. David Bristol indicated that based on that, the Council made their decision. 11. A public hearing to consider and act on a request for a variance to the maximum wall sign size for the American Bank of Texas at the northeast corner of Broadway Street and Preston Road (V05-1). (MH) Mitch is recommending denial of the request for a sign variance stating he does not believe the applicant has shown how a hardship would be posed if the variance was not granted. 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 9:44 p.m. Pat Ford, 633 N. Manus, Dallas, TX. He represents North America Bank of Texas. He said there are two main reasons for this request. He indicated that the round logo on the building is much more aesthetically appealing, and secondly that the logo is unique in representing the bank and it is recognizable by the patrons who use the bank. Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 9:47 p.m. ivrotioned by Mayor Pro -Tem Lisa Dritschler, seconded by David Bristol to deny the request for a variance to the maximum wall sign size for the American Bank of Texas at the northeast comer of Broadway Street and Preston Road. Prior to voting, Mike Wadsworth stated he Page 6 of 8 could make an argument for the variance to be approved on this request because he does not see that a round logo detrimentally impacts the Town, and having a sign that is distinctly unique would be more aesthetically appealing than a square sign. nosed on further discussion the council had before acting on the motion, Mayor Pro-Tem Lisa Dritschler motioned to amend her original otion. Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by David Bristol by to amend the motion on the table to deny the request for the 36 inch in diameter sign and change it to approve a 24 inch in diameter circular logo, however, this does not apply to lettering. Motion approved 5-0. DEPARTMENT ITEMS 12. Consider and act on a resolution adopting a Tax Abatement Policy for economic development as provided for in Chapter 312 of the Texas Tax Code. (KG) Karen Gandy, the Executive Director of the Prosper Economic Development Corporation, gave a brief background on the resolution being proposed. Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Ane Casady to approve a resolution adopting a Tax Abatement Policy for economic development as provided for in Chapter 312 of the Texas Tax Code. Motion approved 5-0. 13. Hear and discuss an activity report on thoroughfare improvement and traffic control projects. (DM) Doug Mousel gave a general overview of thoroughfare improvement and traffic control projects. 14. Discuss the status of a contract for professional services for the design of a ground storage tank(s), a pump station, and a water line. (DM) D\/oug Mousel discussed the status of the ground storage pump station water line project and indicated that a contract would likely be scheduled for the April 26, 2005 Town Council meeting. 15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. • Sign code Recommendations from the Town Administrator about any mid year hiring, especially regarding building inspections, the fire department and an on staff engineer • What to do with the existing/old police station • Discussion about changing the location of the council meetings. EXECUTIVE SESSION 16. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: a) Section 551.071 — Consultation with the Town's Attorney regarding a matter (s) in which the duty of the Town Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding a settlement offer by Fishtrap Properties in regards to the development of the proposed Glenbrook Estates subdivision and the issuance of a Certificate of Convenience and Necessity for a portion of Denton County. b) Section 551.072 - Deliberation about real property regarding: i) Acquisition of right of way for the extension of the Dallas North Tollway. ii) Acquisition of property for a water tank site. 16tioned by Mayor Pro-Tem Lisa Dritschler, seconded by Kevin Drown to convene into executive session. Motion approved 5-0. Council convened into executive session at 10:18 p.m. Page 7 of 8 17. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Ane Casady to reconvene from executive session. Motion approved 5-0. "ouncil reconvened from executive session at 11:39 p.m. No action was necessary as a result of the executive session. 18. Adjourn Motioned by Ane Casady, seconded by Kevin Drown to adjourn the meeting. Motion approved 5-0. Meeting adjourned at 11:41 p.m. Attest: Oe ia�nae Denning own SecretarO tf a rl A Niswanger or Page 8 of 8