05.24.2005 Town Council MinutesTOWN OFF
SPE
1. Call to Order/ 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, May 24, 2005 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Dave Turley, Lisa Dritschler, Kevin Drown, Mike Wadsworth, and David Bristol.
Staff present included: Town Administrator, Doug Mousel; Planning Director, Mitch Humble; Fire Chief, Ronnie Tucker; Police Chief, Kirk
McFarlin; and Court Clerk, Amy Lightfoot.
2. Invocation and Pledge of Allegiance
Invocation was given by Pastor Len McGaughlin, Christian Chapel Assembly of God. The Pledge of Allegiance followed.
3. Announcements of dates and times of upcoming community events
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
"the offictai record.)
4.' Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings: (SJ)
May 10, 2005 Regular Meeting
• May 17, 2005 Special Meeting
SITE PLANS AND PLATS
b. Consider and act upon a preliminary plat of Collinsbrook, Phase 1, being 91 single family lots on 39.3± acres on the
north side of East First Street, 800± feet east of Coit Road (D05.11). (MH)
c. Consider and act upon a preliminary site plan of Independent Bank, Phase 2, being an existing 5,306 square foot bank
and a proposed 10,200 square foot office building on two lots on 2.8± acres at the southeast corner of Preston Road and
Hays Road (D05.12). (MH)
Motioned by Mike Wadsworth, seconded by David Bristol to table item 4a to the June 14, 2005 Town Council meeting, and remove item
4c for discussion. Motion approved 5-0.
Motioned by Mike Wadsworth, seconded by Dave Turley to approve the consent agenda minus item 4a, subject to staff
recommendations.
Motion approved 5-0.
PUBLIC COMMENTS
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.)
Page 1 of 6
5. 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.)
PRESENTATIONS
6. Consider and act upon a charter for the Youth Advisory Council and Presentation of Certificates of Appreciation to Youth
Advisory Board Members. (LD)
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to approve a charter for the Youth Advisory Council with minor
additions to page 3 of the charter. Motion approved 5-0.
Certificates of appreciation were not presented to the Youth Advisory Board Members due to scheduling conflicts.
PUBLIC HEARINGS /ASSOCIATED ORDINANCES/PLATS
7. Second public hearing to consider 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)
Motioned by Dave Turley, seconded by Mayor Pro -Tem Lisa Dritschler to open the public hearing. Motion approved 5-0.
Mayor Charles Niswanger opened the public hearing at 6:25 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Dave Turley to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 6:25 p.m.
8. Second public hearing to consider 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)
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 6:26 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by Kevin Drown, seconded by Mayor Pro -Tem Lisa Dritschler to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 6:26 p.m.
9. Second public hearing to consider 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)
Motioned by Kevin Drown, seconded by Mike Wadsworth to open the public hearing. Motion approved 5-0,
yor Charles Niswanger opened the public hearing at 6:27p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Page 2 of 6
Motioned by Mike Wadsworth, seconded by Kevin Drown to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 6:27 p.m.
10. Second public hearing to consider the voluntary annexation of a tract of land located in the Collin County School Land
.arvey, 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)
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 6:28 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by David Bristol, seconded by Mike Wadsworth to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 6:28 p.m.
11. Second public hearing to consider 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)
Motioned by David Bristol, seconded by Dave Turley to open the public hearing. Motion approved 5-0.
Mayor Charles Niswanger opened the public hearing at 6:29 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by Dave Turley, seconded by David Bristol to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 6:29 p.m.
12. Second public hearing to consider the voluntary annexation of tracts of land located in the Collin County School Land
Garvey, 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)
Motioned by Dave Turley, seconded by Mayor Pro -Tem Lisa Dritschler to open the public hearing. Motion approved 5 -0 -
Mayor Charles Niswanger opened the public hearing at 6:30 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Dave Turley to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 6:30 p.m.
13. Second public hearing to consider 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)
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 6:30 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by Kevin Drown, seconded by Mayor Pro -Tem Lisa Dritschler to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 6:31 p.m.
14. Second public hearing to consider the voluntary annexation of tracts of land located in the Collin County School Land
irvey, Abstract No. 147, Collin County, Texas, containing approximately 100.288 acres of land, and being more generally
rocated on the north side of Fishtrap Road, 2,500± feet east of Legacy Drive. (SJ)
Motioned by Kevin Drown, seconded by Mike Wadsworth to open the public hearing. Motion approved 5-0.
Page 3 of 6
Mayor Charles Niswanger opened the public hearing at 6:31 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing
otioned by Mike Wadsworth, seconded by Kevin Drown to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 6:32 p.m.
15. A public hearing to consider and act upon a request to rezone 248.2± acres at the southeast corner of Coleman Street and
Frontier Parkway from Single Family -15 to Planned Development Single Family -10 and 15 (Z05-3). (MH)
Mayor Pro -Tem Lisa Dritschler recused herself and went to sit in the audience for this item due to a conflict of professional business
interest. An abstention affidavit was filed with the Town Secretary's Office prior to this meeting.
Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 6:35 p.m.
Tim Spiars of Spiars Engineering, 730 E. Park Suite 210, Plano, TX represented the applicant and spoke in favor of the request.
Peter Shaddock, Shaddock Development Co., 2400 Dallas Pkwy, Ste 560, Plano, TX spoke in favor of the request.
Motioned by David Bristol, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0,
Mayor Charles Niswanger closed the public hearing at 6:45 p.m.
Motioned by Mike Wadsworth, seconded by Kevin Drown to approve a request to rezone 248.2± acres at the southeast corner of
Coleman Street and Frontier Parkway from Single Family -15 to Planned Development Single Family -10 and 15 subject to amending the
planned development standards and exhibits to require the 40.5/59.5% lot variation provision to apply per development phase. Motion
approved 4-0.
'syor Pro -Tem Lisa Dritschler returned to her seat upon the completion of this item.
16. A public hearing to consider and act upon a request to rezone 271.6± acres on the east side of Legacy Drive, 1,500± feet
north of Fishtrap Road from Single Family -15 to Planned Development -Single Family -10, 12.5, and 15 (Z05-4). (MH)
Motioned by David Bristol, seconded by Dave Turley to open the public hearing. Motion approved 5-0.
Mayor Charles Niswanger opened the public hearing at 7:06p.m.
Mardy Brown, Dowdey Anderson and Associates, 5225 Village Creek Drive, Ste. 200, Plano, TX — He is the applicant and spoke in favor
of the request.
Motioned by Dave Turley, seconded by Mayor Pro -Tem Lisa Dritschler to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 7:15 p.m.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to approve a request to rezone 271.6± acres on the east side
of Legacy Drive, 1,500± feet north of Fishtrap Road from Single Family -15 to Planned Development -Single Family -10, 12.5, and 15
subject to the Council's adoption of ordinances annexing the property and subject to the attached planned development standards and
exhibits, amended as follows: a) Exhibit C, Section 1.01 amended to require the 10,000 square foot lots to be developed per the SF -10
standards and the 12,500 square foot lots to be developed per the SF -12.5 standards; b) Strike Exhibit C, Section 1.04(b) through (h);
and c) Add language to Exhibit C requiring tree preservation in the 6.6± acre open space lot. Motion approved 5-0.
17. A public hearing to consider and act upon a request to rezone 3.4± acres on the east side of Dallas Parkway, 1,050± feet
north of Prosper Trail from Single Family -1 to Commercial Corridor. (Z05-5). (MH)
otioned by Dave Turley, seconded by Mayor Pro -Tem Lisa Dritschler to open the public hearing. Motion approved 5-0.
dayor Charles Niswanger opened the public hearing at 7:55 p.m.
Bill Muenchinger, Huitt-Zollars, 3131 McKinney Ave, Ste. 600, Dallas, TX — He is the applicant and spoke in favor of the request.
Page 4 of 6
Jeff Burandt, 1540 Gentle Way, Prosper, TX — He is a citizen of Prosper and spoke in favor of the request.
14otioned by Mayor Pro -Tem Lisa Dritschler, seconded by Dave Turley to close the public hearing. Motion approved 5-0.
ayor Charles Niswanger closed the public hearing at 7:56 p.m.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to approve a request to rezone 3.4± acres on the east side of
Dallas Parkway, 1,050± feet north of Prosper Trail from Single Family -1 to Commercial Corridor subject to Council's adoption of an
ordinance annexing the property. Motion approved 5-0.
18. A public hearing to consider and act upon a request to rezone 40.1± acres on the west side of Dallas Parkway, 1,350± feet
north of Prosper Trail from Single Family -1 to Commercial Corridor (Z05-6). (MH)
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 7:57 p.m.
Bill Muenchinger, Huitt-Zollars, 3131 McKinney Ave, Ste. 600, Dallas, TX — He was available for any questions.
Motioned by Mike Wadsworth, seconded by Kevin Drown to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 7:58 p.m.
Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to approve a request to rezone 40.1± acres on the west side
of Dallas Parkway, 1,350± feet north of Prosper Trail from Single Family -1 to Commercial Corridor. Motion approved 5-0.
19. A public hearing to consider and act upon a request to rezone 85.8± acres at the northwest corner of Prosper Trail and
Dallas Parkway from Single Family -1 to Single Family -1 and Commercial Corridor (Z05-7). (MH)
Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 5-0.
payor Charles Niswanger opened the public hearing at 7:59 p.m.
No one spoke regarding this public hearing.
Motioned by David Bristol, seconded by Mike Wadsworth to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 8:00 p.m.
Motioned by David Bristol, seconded by Mike Wadsworth to approve a request to rezone 85.8± acres at the northwest corner of Prosper
Trail and Dallas Parkway from Single Family -1 to Single Family -1 and Commercial Corridor subject to the Council's adoption of an
ordinance annexing the property, and subject to changing the exhibit to read SF -15 as the requested zoning rather than SF -2 Motion
approved 5-0.
Council recessed for a short break at approximately 8:00 p.m. Council reconvened from recess at approximately 8:12 p.m.
DEPARTMENT ITEMS
20. Consider and act upon 1) the contract between the Town and Gifford Electric Inc. for services associated with the
installation of outdoor warning sirens and 2) the resolution authorizing the Mayor to execute the contract. (RT)
Fire Chief Ronnie Tucker presented a report on the warning sirens and recommended council approves sirens #1, #3 and #5 and remove
siren #2 and #4.
Motioned by David Bristol, seconded by Mike Wadsworth to approve 1) the contract between the Town and Gifford Electric Inc. for
services associated with the installation of outdoor warning sirens and 2) the resolution authorizing the Mayor to execute the contract,
'th the condition that sirens #1, #3 and #5 as outlined in staff reports be approved, and sirens #2 and #4 be removed. Motion approved
Page 5 of 6
Mayor Charles Niswanger wanted to note that he was against doing away with siren #2 and #4. Mayor Charles Niswanger wanted to go
ahead and approve all five warning sirens.
'�1. Consider and act upon a resolution designating the National Interagency Management System as the Town standard for
cident management. (KM)
Police Chief Kirk McFarlin presented the NIMS resolution to Council with a brief description of NIMS.
Motioned by Mike Wadsworth, seconded by David Bristol to approve a resolution designating the National Interagency Management
System as the Town standard for incident management. Motion approved 5-0.
22. Consider and act on a recommendation from the Parks & Recreation Board to select a preferred and secondary firm for
the Town to negotiate with regarding a contract to prepare a Parks Master Plan. (MH)
Planning Director Mitch Humble recommended that the Council accept the recommendation from the Parks & Recreation Board and
select Halff Associates as the Town's primary firm and Shrickel, Rollins and Associates, Inc. as the Town's secondary firm for
preparation of a Parks Mater Plan.
Motioned by Mike Wadsworth, seconded by David Bristol to approve a recommendation by the Parks and Recreation Board to select
Halff Associates as the preferred primary firm and Shrickel, Rollins and Associates, Inc. as the secondary firm for the Town to negotiate
with regarding a contract to prepare a Parks Master Plan. Motion approved 5-0.
23. Discuss monthly activity reports from the following departments and committees:
• Administration
• Police Department
• Fire Department
• Planning Department
• Public Works
• Inspections
• Communications
• Parks and Recreation Committee
• Prosper E.D.0
Town Administrator Doug Mousel briefly presented information regarding the candidates for the position of Public Works Director.
Council briefly discussed the activity reports for the month of April 2005.
24. Discuss and provide direction to Town staff regarding the process of receiving and responding to complaints involving
Town officials and employees. (DM)
Town Administrator Doug Mousel presented a process of receiving and responding to complaints for Town officials and employees. The
Council did not have any objections to the process.
25. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
• Budget workshop
26. Adjourn
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to adjourn. Motion approved 5-0. The meeting was
adjourned at 9:16 p.m.
Attest:
Lanae Jennings, n Secretary
Charles Niswan er, Mayor
Page 6 of 6