Loading...
06.28.2005 Town Council MinutesITTOWN OFF PER 1. Call to Order I Roll Call. Meeting was called to order at 6:04 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 28, 2005 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Dave Turley, Mike Wadsworth, and David Bristol. Kevin Drown was absent. Staff present included: Town Administrator, Doug Mousel; Planning Director, Mitch Humble; and Town Secretary, Shanae Jennings. 2. Invocation and Pledge of Allegiance Invocation was given by Pastor Phil Hamblin of Rheas Mill Baptist Church. 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 trtems 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) • June 14, 2005 Regular Meeting ORDINANCES b. Consider and act upon adoption of an ordinance rezoning 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) c. Consider and act upon adoption of an ordinance renaming Salt Lakes Drive to Raven Drive. (MH) SITE PLANS AND PLATS d. Consider and act upon a preliminary plat of Glenbrook Estates, being 445 single family lots on 106.6± acres at the southeast corner of FM 1385 and Fishtrap Road (1305.13). (MH) ,v Otioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to approve the consent agenda, subject to staff recommendations. Motion approved 4-0. Page 1 of 6 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.) 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 ORDINANCESIPLATS 6. 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 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 Dave Turley, seconded by David Bristol to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 6:06 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 Dave Turley to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 6:06 p.m. 7. 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 and the Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing approximately 3.038 acres of land, and being more generally located on the south side of East First Street, 2,000± feet west of Custer Road. A Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 6:07 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 6:07 p.m. 8. A public hearing to consider and act upon a site plan and replat of Stone Creek Commercial, Phase 2, being an 8,400 square foot office building on three lots on 3.8± acres on the west side of Preston Road, 300± feet north of Broadway Street (D05-14). (MH) Motioned by David Bristol, seconded by Dave Turley to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 6:08 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 Dave Turley to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 6:09 p.m. Motioned by David Bristol, seconded by Mayor Pro -Tem Lisa Dritschler to approve a site plan and replat of Stone Creek Commercial, °hase 2, being an 8,400 square foot office building on three lots on 3.8± acres on the west side of Preston Road, 300± feet north of .oadway Street, subject to the landscape and screening plans, and subject to modifications of the plat and engineering plans as required by the Town's consulting engineer. Motion approved 4-0. Page 2 of 6 9. A public hearing to consider and act upon a site plan and replat of Whispering Farms Commercial, Phase 2, being two 4,900 square foot office buildings on four lots on 7.9± acres at the southeast comer of Prosper Trail and Coit Road (D05-15). (MH) otioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 6:11 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 Mike Wadsworth to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 6:11 p.m. David Bristol asked when Coit Road would be completed. Doug Mousel stated that August 22, 2005 is the projected date for completion of Coit Road. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to approve a site plan and replat of Whispering Farms Commercial, Phase 2, being two 4,900 square foot office buildings on four lots on 7.9± acres at the southeast corner of Prosper Trail and Coit Road, subject to final acceptance of the improvements on this site, which is subject to Coit Road being paved to provide the necessary access to this site, and subject to staff approval of the landscape and screening plans, and modification of the plat and engineering plans as required by the Town's consulting engineer. Motion approved 4-0. 10. A public hearing to consider and act upon 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) Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 6:18 p.m. Canton Cook, 2656 North Custer Road, Dallas, TX — He owns property in McKinney across from this specified property. He requested -ore information on the proposed site for rezoning. JB Phipps, 1865 Private Road, 5312, McKinney — His property fronts highway 380, south of 380. He was curious as to the mixed use aspect of the property which is being proposed. Jim Williams, 5400 Dallas Parkway, Frisco, TX — He represents LandPlan (LP), which is the applicant and landowner of this property. He gave a brief description of the proposed development and a brief overview of what LP's developments entail. He also noted that based on feedback received from Council, he would be willing to cap the 7,000 square foot lots and 9,000 square foot lots at 25% each. Canton Cook, 2656 North Custer Road, Dallas, TX — He asked how many hospitals have been approached for discussion regarding development on this property. Mr. Williams said it was impossible to discuss ventures with hospitals until water and sewer has been extended to the areas for development. However, they have done this in several other communities, and when this land is ready, they will make the appropriate contacts. Mayor Charles Niswanger asked how many units per acre there would be for multi -family. Mr. Williams said the requirement for this request is 15 units per acre. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 6:42 p.m. David Bristol is not completely supportive of the 7,000 square foot lots, though he understands the need for them. He is not in favor of any multi -family units, but does support town home units under the mixed portion of the planned development. He also would like a maximum cap on the smaller lots. He would like to see the gated community concept requested through a special use permit, instead of given by right. He also had some concerns about space between houses and house height. David Bristol stated that at no time did he ever agree to 7.000 square foot lots, but that he did agree to match the master plan within the discussions tonight. i Mike Wadsworth is not in favor of multi family zoning in a mixed use, but he is in favor of the town home units. He is also concerned about the 5/1 side yards. He also stated he was appreciative of the 25% cap on 7,000 square foot or zero lot line lots. His major concern about Page 3 of 6 multi -family is due to the large population it would bring to one comer of the Town and how this would affect the school district in that area of Town all at one time. Mayor Pro -Tem Lisa Dritschler would like to lower the single family unit cap. She also agrees to the limit of 25°1417,000 square foot lots and J°/a/9,000 square foot lots. She supports the town homes and is supportive of the zero lot line products in a master planned community such as this one. She feels it will add value to the Town. She believes the Town has to have some multi -family, and she doesn't oppose it in this area because she wants it close to major streets, used as a buffer, and doesn't want it to take away sales tax. Dave Turley said he is completely against multi -family based on the zoning hearings. He might support loft type residential above retail, but as for multi -family alone, he is totally against it. He does not support the 7,000 square foot lots and would like to strike those. He also could live with the 9,000 square foot lots, but would preferably like to see those lot sizes move to 10,000 square foot lots. Mayor Pro -Tem Lisa Dritschler said that she doesn't agree with loft residential in this location because it is not a place where people would be able to walk to commercial or retail areas. She sees loft residential in a downtown area, or some other more appropriate area. Motioned by Mike Wadsworth, seconded by Dave Turley to table this item to the July 26, 2005 Town Council meeting to allow staff to focus on budget workshops, address items listed tonight and address items within the planned development report with the applicant. Motion approved 4-0. DEPARTMENT ITEMS 11. 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 Council generally discussed staff reports. Council recessed at 8:25 p.m. Council reconvened at 8:31 p.m. 12. Consider and act upon a recommendation from the Parks & Recreation Board regarding the naming of a park and a hike and bike trail. (MH) Motioned by Dave Turley, seconded by David Bristol to approve a recommendation from the Parks and Recreation Board regarding the naming of a park and a hike and bike trail. Motion approved 4-0. 13. Discuss and provide direction to Town staff regarding the process for the formation of a home rule and charter exploratory committee. (SJ) Council discussed the process and formation of a home rule and charter exploratory committee. After the discussion, a consensus was formed by the Council, and the Mayor recommended the following appointment process and changes to the home rule and charter exploratory committee: • Each Council will appoint one member to the committee, and the Mayor will appoint one member and the chair, for a total of six at large appointments and one chairperson; • The meeting times will be moved from Wednesdays at 3:30 p.m. to a Thursday evening meeting (which week of the month TBD) at 6:00 p.m.; • The application process will be extended to Friday, July 15, 2005 at noon; • The meet and greet will be held on Monday, July 18, 2005 at 7:00 p.m., location to be announced; Page 4 of 6 • Appointments will be made at the Tuesday, July 26, 2005 meeting; and • The Mayor requested the addition of one staff person to the committee, for a total of three staff people to serve on this committee. `4. Discuss and provide direction to Town staff regarding the Town's intention to enter into interlocal agreements with Collin aunty regarding animal shelter and control services. (DM) Council directed staff to inter into the interlocal agreement with Collin County regarding animal shelter and control services. Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to move to item 18 so that executive sessions can be addressed at the end of the meeting. Motion approved 4-0. 15. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit, Section 551.072 regarding deliberation about real property regarding acquisition of property for ground water storage tanks. Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to recess into executive session. Motion approved 4-0. Council recessed into closed session at 9:13 p.m. 16. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to reconvene from executive session. Motion approved 4 -0 - Council reconvened at 9:19 p.m. No action was necessary as a result of the executive session. 17. Consider and act upon 1) an agreement between 104 Prosper, LP and the Town of Prosper regarding the acquisition of property for ground water storage tanks and 2) a resolution authorizing the Mayor to execute the same. (DM) Motioned by Mike Wadsworth, seconded Dave Turley to table the item to a later date. Motion approved 4-0. Council moved back to item at this time. 18. Discuss and provide direction to Town staff regarding Water Conservation and Drought Contingency Plans required of the North Texas Municipal Water District's member and customer cities. (DM) The Town will provide public relations and informational paraphernalia to the Town residents to educate them on water conservation and drought contingency plans required of the North Texas Municipal Water District's member and customer cities. Motioned by Mike Wadsworth, seconded by Dave Turley to move to item 21 on the agenda. Motion approved 4-0. 19. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit, Section 551.074— a) 51.074—a) Discuss the employment, evaluation, and duties of the Town Secretary. b) Discuss the employment, evaluation, and duties of the Town Administrator. Motioned by Mike Wadsworth, seconded by Dave Turley to recess into executive session. Motion approved 4-0. Council recessed into executive session at 9:21 p.m. 20. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Mike Wadsworth, seconded by Dave Turley to reconvene from executive session. Motion approved 2-2. Councilperson Mike Wadsworth and Dave Turley voted to adjourn. Councilperson Mayor Pro -Tem Lisa Dritschler and David Bristol opposed adjourning. The Mayor broke the tie in favor of adjournment. Council reconvened from executive session at approximately 12:22 p.m. The following actions were taken as a result of the executive session: Motioned by David Bristol, seconded by Dave Turley to act on item 19b prior to acting on item 19a. Motion approved 4-0. Page 5 of 6 Motioned by David Bristol, seconded by Mayor Pro -Tem Lisa Dritschler to direct the Mayor to renegotiate the Town Administrator's contract. Motion approved 4-0. -Nlotioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to support the Town Administrator's recommendations ,garding an adjustment to the Town Secretary's salary. Motion approved 4-0. No other actions were necessary as a result of the executive session. 21. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. There were no items requested for future discussion. The council moved back to item 15 at this time. 22. Adjourn Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to adjourn. Motion approved 4-0. The meeting was adjourned at 12:25 p.m. Attest: /i;tA-"-df !S:� - ltanae Jennings,TIk Secretary Charier Niswang , Mayor Page 6 of 6