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06.14.2005 Town Council MinutesPITTOWN OFF SPE Call to Order I Roll Call. Meeting was called to order at 6:06 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, June 14, 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; Police Chief, Kirk McFarlin; and Town Secretary, Shanae Jennings. 2. Invocation and Pledge of Allegiance Invocation was given by Associate Pastor David Benefield of Lighthouse Christian Fellowship Church. The Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events There will be a Chamber of Commerce meeting on July 12, 2005. d,Presentation of Certificates of Appreciation to members of the Zoning Ordinance Committee. .. ayor Charles Niswanger presented certificates of appreciation to members of the Zoning Ordinance Committee who were present: David Bristol, David Turley, Sandy Stephens, Michael Borne, and Emily Lewis were recognized at the meeting. Those who could not be present but were recognized include Joe Anselmo, Ryan Norhaus, Stephen Kiefer, Larry Tracey, and Scott Norris 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) • May 10, 2005 Regular Meeting • May 17, 2005 Special Meeting • May 19, 2005 Special Meeting • May 24, 2005 Regular Meeting FINANCIALS b. Consider and act upon the financial statements ending May 31, 2005. (AL) 1DINANCES c. Consider and act upon an Ordinance 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, Page 1 of 7 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) d. Consider and act upon an Ordinance 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) e. Consider and act upon an Ordinance 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) f. Consider and act upon an Ordinance 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) g. Consider and act upon an Ordinance 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) h. Consider and act upon an Ordinance 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) i. Consider and act upon an Ordinance 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) j. Consider and act upon an Ordinance 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) k. Consider and act upon the adoption of an ordinance rezoning 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) I. Consider and act upon the adoption of an ordinance rezoning 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) m. Consider and act upon the adoption of an ordinance rezoning 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) n. Consider and act upon the adoption of an ordinance rezoning 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) o. Consider and act upon the adoption of an ordinance rezoning 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) p. Consider and act upon the adoption of an ordinance creating a Construction Board of Appeals for the Town. (MH) q. Consider and act upon an amendment to Ordinance No. 02-32, an ordinance establishing regulations for food serving establishments, to modify health permit and inspection fees for food establishments. (BA) )NTRACTS AND AGREEMENTS r. Consider and act upon 1) an Independent Contractor Agreement regarding the provision of health inspection services to the Town and 2) a resolution authorizing the Mayor to execute the agreement. (BA) Page 2 of 7 s. Consider and act upon awarding the Annual Contract for Mowing and Clean Up Services to G & L Farms. (DM) t. Consider and act upon 1) an Interlocal Participation Agreement between the Local Government Purchasing Cooperative and the Town of Prosper and 2) a resolution consenting to the Town of Prosper's membership into the Local Government Purchasing Cooperative. (RB) u. Consider and act upon 1) and Interlocal Cooperation Agreement for Governmental Services between the Town of Prosper and the Prosper Independent School District regarding the employment of a school resources officer and 2) a resolution authorizing the Mayor to execute the agreement. (KM) v. Consider and act upon 1) the amendment to the Development Agreement between PDC 380 Prosper, Ltd.; Mustang - Midway Plano, Ltd.; and the Town of Prosper, Texas; 2) the assignment of the agreement; and 3) a resolution authorizing the Mayor to execute the amendment to the agreement and the assignment. (DM) FINAL ACCEPTANCE w. Consider and act upon a request for final acceptance of the Lakes of La Cima, Phase 3, being 112 single family lots on 61.2± acres on the east side of La Cima Boulevard, 150± feet north of Limestone Drive (D04-17). (MH) x. Consider and act upon a request for final acceptance of the Trails of Prosper, Section III, being 41 single family lots on 13.5± acres on the east side of Coleman Street, 800± feet south of Prosper Trail (DXX-9). (MH) Mayor Pro -Tem Lisa Dritschler requested item 5K be removed, she will be recusing herself when this item comes up to vote. She has filed an abstention affidavit with the Town Secretary's Office prior to the meeting concerning this matter. David Bristol pulled item 5p, and item 5s. Doug Mouse] requested item 5v be removed. Motioned by Mike Wadsworth, seconded by David Bristol to remove items 5k, 5p, 5s, and 5v. Motion approved 5-0. } Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to approve the consent agenda with the exception of the removed items 5k, 5p, 5s and 5v, subject to staff recommendations. Motion approved 5-0. Mayor Pro -Tem Lisa Dritschler recused herself from item 5k and sat in the audience. Motioned by Mike Wadsworth, seconded by David Bristol to approve item 5k, subject to staff recommendations. Motion approved 5 -0 - Mayor Pro -Tem Lisa Dritschler returned to the dais after the vote was approved. David Bristol wanted to discuss the particular make-up of the board of appeals being recommended for approval on item 5p. He was concerned that the skill sets being proposed for selection of members on the board were going to be challenging skill sets to find within a community, because they are very specialized skill sets. He also asked if it was the intention of the staff to make this the board of adjustments as well, and Mitch indicated that would likely be the case. Mitch said the appointment process could certainly be changed where Council and staff go out and find individuals to serve on the board, instead of accepting applications for the board. Motioned by David Bristol, seconded by Mike Wadsworth to approve item 5p, adopting an ordinance creating a Board of Appeals for the Town, subject to staff recommendations. Motion approved 5-0. David Bristol wanted to point out that the exhibit in the packet for item 5s is an applications for insurance, not a certificate of insurance. Motioned by David Bristol, seconded by Mike Wadsworth to approve item 5s, awarding the Annual Contract for Mowing and Clean Up Services to G & L Farms, subject to the Town being a name insured on the workers compensation policy. Motion approved 5-0. )ug Mousel stated that he removed item 5v to point out that he continues to discuss this item with Town's legal and the named parties rind he wanted to confirm that there was certain wording contained within the contract prior to approval, which he has confirmed. Page 3 of 7 Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Dave Turley to approve item 5v, approving 1) the amendment to the Development Agreement between PDC 380 Prosper, Ltd.; Mustang -Midway Plano, Ltd.; and the Town of Prosper, Texas; 2) the -kssignment of the agreement; and 3) a resolution authorizing the Mayor to execute the amendment to the agreement and the assignment. otion 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.) 6. 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.) PUBLIC HEARINGS /ASSOCIATED ORDINANCES/PLATS 7. Presentation of Service Plan and First 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 2.022 acres of land, and being more generally located on the south side of CR 933, 2,000± west of 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 6:28 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. .,otioned 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 6:28 p.m. 8. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas and the Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing approximately 73.038 acres of land, and being more generally located on the south side of East First Street, 2,000± feet west of Custer Road. (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 6:29p.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 Mike Wadsworth to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:29 p.m. 9. 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 -15 to Planned Development -Single Family -10 & 12.5 (Z05-9). (MH) Motioned by Mike Wadsworth, seconded by Dave Turley to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 6:33 p.m. Mark Webb, 6324 Bandera Ave., Suite D, Dallas, TX — He is the applicant and spoke on behalf of the owners. He wanted to point out that ay meet and exceed the requirements for the current master plan for this area. He also discussed a few other issues regarding the Nroposed area to be zoned. Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 5-0. Page 4 of 7 Mayor Charles Niswanger closed the public hearing at 6:59 p.m. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to approve a request to rezone 80.6± acres at the northeast corner of Prosper Trail and Coleman Street from Single Family -15 to Planned Development -Single Family -10 & 12.5, subject to planned ,velopment standards being attached to the ordinance, and subject to amending Exhibit C requiring the following in the landscape buffer between the lots and the adjacent thoroughfares as follows: 1) Canopy trees will be located on the property line along the right-of-way; 2) These trees shall be planted on 30 -foot centers; 3) The thoroughfare sidewalk will be located so that the trees are between the sidewalk and the thoroughfare. Motion approved 5-0. DEPARTMENT ITEMS 10. Consider and act upon 1) an agreement between the Town of Prosper and Randall Scott Architects regarding the provision of architectural services to the Town and 2) a resolution authorizing the Mayor to execute the agreement. (DM) Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to approve 1) an agreement between the Town of Prosper and Randall Scott Architects regarding the provision of architectural services to the Town and 2) a resolution authorizing the Mayor to execute the agreement, subject to final review and approval of the Town Attorney and the Town Administrator. Motion approved 5-0. 11. Consider and act upon 1) an agreement between the Town of Prosper and Pogue Construction regarding the provision of construction manager at risk services to the Town and 2) a resolution authorizing the Mayor to execute the agreement. (DM) Motioned by Mike Wadsworth, seconded by David Bristol to approve 1) an agreement between the Town of Prosper and Pogue Construction regarding the provision of construction manager at risk services to the Town and 2) a resolution authorizing the Mayor to execute the agreement, subject to Town Administrator and Town Attorney final approval of the agreement with Randall Scott Architects, Inc., and subject to the resolution being authorized by the Mayor. Motion approved 5-0. 12. Consider and act upon the adoption of an ordinance creating a records management procedure and retention schedule. (Si) Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to approve an ordinance creating a records management procedure and retention schedule. Motion approved 5-0. 13. Consider and act upon 1) an agreement between the Town of Prosper and Franklin Legal Publishing regarding the ordinance codification process for the Town and 2) a resolution authorizing the Mayor to execute the agreement. (SJ) Motioned by David Bristol, seconded by Kevin Drown to approve 1) an agreement between the Town of Prosper and Franklin Legal Publishing regarding the ordinance codification process for the Town and 2) a resolution authorizing the Mayor to execute the agreement. Motion approved 5-0. 14. Discuss and provide direction to staff and the applicant regarding a presentation by LandPlan about their pending zoning case, being a request to rezone 591.4± acres on the north side of University Drive, 1,000± feet west of Custer Road from Single Family -15 to Planned Development —Mixed Use (Z05-8). (MH) Jim Williams, LandPlan (LP), 5400 Dallas Parkway, Frisco, Tx — He gave a brief overview and presentation regarding the services they provide and have provided within their projects, and he briefly discussed the land being proposed for pending zoning. Bruce Smith, LandPlan (LP), 5400 Dallas Parkway, Frisco, TX — He and Jim Williams work together. He spoke regarding the aesthetic appeal and architectural standards of their development. When asked about alleys versus garages in houses he indicated they are not opposed to alleys but that they do focus on garages because they feel that neighborhoods are made from people being able to see their neighbors come and go. He also spoke about some of the setbacks of the houses they build, lot sizes, and the layout of the house. Dave Turley stated that he has seen the developments which LP has done and they are beautiful; however, he expressed hesitance based � what the Council has decided regarding the zoning ordinance and the consensus for a minimum of 12,500 square foot lots. He said he .s opened to being swayed, and that some of the zero lot line homes which he has seen built are truly beautiful, but he would need to hear more before making any decisions. Page 5 of 7 Mayor Pro -Tem Lisa Dritschler said that she very much respects LP. She also said that she has some hesitation with the small lots; however, in a situation such as this she has seen it done and has seen it work. Additionally, she thinks if it is going to be done in Prosper, this would be the corner in which to develop these kinds of lot sizes She closed by saying that the larger lots being traded off for the higher rievelopment standards is something she is definitely open minded to giving consideration. Kevin Drown asked how many of the zero lot line homes would be projected. LP stated that it would vary and would be difficult to project, but the zero lot line and half acres sell the quickest, and in the past about 30% have been zero lot line. Kevin stated that he is open to this concept. Mike Wadsworth said that he agrees it is difficult to develop 600 acres without creating different pricing points. He has the utmost confidence in LP, but the multi-purpose use of single family and multi -family in a mixed use will be problematic for him. He would like to have dialog with LP to pursue and look into this concept because it is definitely worth pursuing. He would also like to read the planned development proposal as soon as possible so that before they proceed forward he knows whether it is something worthy of the time and consideration of all parties involved. David Bristol stated that he has a great relationship with LP and a lot of respect for them, and that he wishes LP would have been at the zoning ordinance discussions. That being said, he would like to see this concept comply with the Land Use Plan. David Bristol also agrees with Mike Wadsworth in that he would like to have a developer like LP in the Town, but also need to find a way to meet the request of our citizens regarding lot sizes. If compromises are to be made, he would like to ensure that all architectural standards are met as a compromise to lot sizes. He too would like to read the proposed planned development as soon as practical. Overall, Council would like to explore this idea, and would like to review the planned development proposal and then move forward. Direction given to staff was to bring back the planned development proposal so that Council could review it thoroughly, and move forward from that point. Council recessed at approximately 8:17 p.m. Council reconvened from recess at approximately 8:29 p.m. 15. Consider and act upon adoption of an ordinance amending the Sign Code, Ordinance No. 04-03, regarding the regulation of SII signs and the variance process. (MH) Motioned by Mike Wadsworth, seconded by Dave Turley to adopt an ordinance amending the Sign Code, Ordinance No. 04-03, regarding the regulation of wall signs and the variance process, subject to changing "building height" to "wall height", striking provision 5 entirely, and striking the statement regarding corporate logos. Motion approved 5-0. Motioned by Mike Wadsworth, seconded by David Bristol to move to item 20 on the agenda, and then return to item 16. Motion approved 5-0. 16. Consider and act upon adoption of an ordinance establishing Thoroughfare and Circulation Design Requirements for the Town. (MH) Motioned by Kevin Drown, seconded by Dave Turley to approve an ordinance establishing Thoroughfare and Circulation Design Requirements for the Town. Motion approved 5-0. 17. Discuss the North Texas Municipal Water District and City of Frisco's drought contingency plans, water conservation plans, and illegal water use ordinances. (DM) North Texas Municipal Water District (NTMWD) has mandated that contingency plans, water conservation plans and illegal use ordinances be implemented in each city in which they work; therefore, Prosper must begin adhering to the restrictions once proposed by NTMWD since Frisco receives water from them, and we receive water from Frisco. 18. Discuss existing and potential boundary agreements between the Town of Prosper and surrounding municipalities. (DM) `aff will work to execute boundary agreements with Little Elm and Celina as long as Council does not have any objections. Council did .,of have any objections to staff ,proceeding with boundary agreements. Page 6 of 7 19. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. • Revisit the issue of the old police station. ,. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit, 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. Council recessed into executive session at 8:46 p.m. 21. Reconvene into regular session and take any action necessary as a result of the closed session. Council reconvened from executive session at 9:11 p.m, No action was necessary as a result of the executive session. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to move back to item 16 on the agenda. Motion approved 5-0 22. Adjourn Motioned by Mike Wadsworth, seconded by Dave Turley to adjourn. Motion approved 5-0. The meeting was adjourned at 9:28 p.m. Attest: lanae Jennings, To ecretary arles Nis ger, Page 7 of 7