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07.26.2005 Town Council MinutesISPER OWN OF 1. Call to Order / Roll Call. Meeting was called to order at 6:45 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, July 26, 2005 at 6:30 p.m. (or immediately following the 6:00 p.m. joint meeting of the Town Council and the Prosper Independent School Board) Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Dave Turley, Kevin Drown, and Mike Wadsworth. David Bristol 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 Doug Fox of the Prosper United Methodist Church. There was no Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events Doug Mousel stated that the application deadline for the North Collin County Leadership Program is due by the end of this month. CONSENT AGENDA ns placed on the Consent Agenda are considered routine in nalure and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the .,.,uncal is required to remove any item for discuss=on 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 28, 2005 Regular Meeting • July 5, 2005 Budget Workshop July 12, 2005 Regular Meeting • July 18, 2005 Special Meeting • July 19, 2005 Regular Meeting FINANCIALS b. Consider and act upon the financial statements ending June 30, 2005. (RoB) CONTRACTS AND AGREEMENTS c. Consider and act upon the assignment of a Development Agreement between PDC 380 Prosper, Ltd.; Mustang -Midway Plano, Ltd.; and the Town of Prosper. (DM) d. Consider and act upon 1) a contract between the Town of Prosper and Halff Associates Inc. regarding the provision of park master planning services to the Town and 2) a resolution authorizing the Mayor to execute the contract. (MH) Page 1 of 5 e. Consider and act upon 1) a contract between the Town of Prosper and the Town Administrator regarding the employment of the Town Administrator and 2) a resolution authorizing the Mayor to executive the contract. f. Consider and act upon 1) an agreement between the Town of Prosper and mundayMorning Creative Group, Inc. regarding the maintenance and operation of website services to the Town and 2) a resolution authorizing the Mayor to execute the agreement. (SJ) g. Consider and act upon an agreement between the City of Celina and the Town of Prosper regarding emergency medical services. (RT) h. Consider and act upon 1) an agreement between 104 Prosper LP, 310 Prosper LP, and the Town of Prosper regarding acquisition of property for the construction of ground water storage tanks and a pump station and 2) a resolution authorizing the Mayor to execute the agreement. (DM) SITE PLANS AND PLATS i. Consider and act upon a conveyance plat of the Gates of Prosper, Phase 1, being one retail lot on 2.8± acres at the southeast corner of Preston Road and Lovers Lane (D05-16). (MH) j. Consider and act upon a preliminary plat of Shaddock Estates, being 531 single family lots on 247.8± acres at the southeast corner of Coleman Street and Frontier Parkway (D05-17). (MH) Doug Mousel requested that council remove item 4h, and Mayor Pro -Tem Lisa Dritschler requested that council pull item 4j from the consent agenda. Motioned by Mike Wadsworth, seconded by Kevin Drown to remove items 4h and 4j from the consent agenda. Motion approved 4-0. ` 4tioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to approve the consent agenda, less items 4h and 4j. Motion 7proved 4-0. Town Administrator Doug Mousel asked Council to defer action on item 4h until the August 9, 2004 meeting, at which time the agreement being recommended for final approval should be ready. Motioned by Kevin Drown, seconded by Mike Wadsworth to defer item 4h to the August 9, 2005 Town Council meeting. Motion approved 4-0. Mayor Pro -Tem Lisa Dritschler recused herself and stepped down from the dais so that Council could discuss and/or approve item 4j. Motioned by Mike Wadsworth, seconded by Kevin Drown to approve item 4j on the consent agenda. Motion approved 3-0. Mayor Pro -Tem Lisa Dritschler rejoined the Council at the dais following action on this item. 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 iris Blair, 841 Sibyl Lane, Prosper, Tx — He inquired as to an update regarding the drainage easement improvements in the Trails of rosper. Mayor Charles Niswanger stated that since this item is not on the agenda it cannot be discussed; however, Town Administrator Doug Mousel stated that he will contact Mr. Blair at a later date to update him on this information. Page 2 of 5 Motioned by Mike Wadsworth, seconded by Dave Turley to move to item 7 and return to item 6 following discussion on item 7. Motion approved 4-0. REGULAR AGENDA ,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. 6itizens 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 6. 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 Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:02 p.m. Jim Williams, 5400 Dallas Parkway, Frisco, TX, Landplan — He gave a general overview of some of the steps which have been taken in working with the Town staff on the progression of this project, and an update as to where they are now in the scope of the overall project layout. Motioned by Mike Wadsworth, seconded by Dave Turley to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:05 p.m. There was some discussion on whether or not the planned development should be a gated community. Landplan indicated that the percentage of the development that would be gated would be driven by the market. Bruce Smith, who also works for land plan, said a gut feeling on how much would be gated would range anywhere from 50%-75%, with all things considered. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to approve a request to rezone 591.4± acres on the north side of Iniversity Drive, 1,000± feet west of Custer Road from Single Family -15 to Planned Development —Mixed Use subject to attached planned melopment exhibits, limiting the total number of permitted multifamily units to 300, limiting the total number of single family units in the single family portion of the request to 1,317 units, limiting the total number of 7,000 square foot lots in the single family portion of the request to 329 units, and limiting the total number of 9,000 square foot lots in the single family portion of the request to 329 units. Motion approved 4-0. DEPARTMENT ITEMS 7. Consider and act upon appointments to the Home Rule and Charter Exploratory Committee. (SJ) Mayor Charles Niswanger made all of his appointments to the committee, which includes the chairperson, two council members, three staff members, and one community member. His appointments are as follows: Dave Griffin as the chairperson of the committee. Kevin Drown and David Bristol will serve as the council members appointed to the committee. Doug Mousel, Mitch Humble and Shanae Jennings will serve as the staff members appointed to the committee. Stephen Coffman will serve as the community member appointed by the Mayor. Mayor Pro -Tem Lisa Dritschler appointed Carol Faulkner to the committee. Dave Turley appointed Danny Wilson to the committee. Kevin Drown appointed Barbara Newell to the committee. Mike Wadsworth appointed George Dupont to the committee. David Bristol provided a list of five appointees for the committee to the Town Secretary prior to leaving out of Town, so that an appointment uld be made in accordance with his selection. The list was ranked in order from his first ranked appointed through his fifth ranked d4ointment. The Town Secretary appointed the individual at the top of David Bristol's list which either ranked as the top selection on his list, or was the top selection on his list following elimination of other appointments by other council members. Therefore, David Bristol appointed Ryan Nordhaus to the committee. Page 3 of 5 The mayor appointed David Bristol as the vice -chair to the committee in the event that a vice -chair needed to step in and assist chairperson David Griffin in any way. Motioned by Mike Wadsworth, seconded by Dave Turley to approve all appointments to the Home Rule and Charter Exploratory )mmittee. Motion approved 4-0. 8. 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 reviewed and discussed general information regarding staff reports. 9. Discuss and provide direction to Town staff regarding truck routes within the Town. (KM) Police Chief Kirk McFarlin stated that he has reviewed all viable sources for truck routes and has come to the conclusion that Prospers streets and roads really do not allow for or necessitate truck routes at the current time. He did, however, suggest that signage on First Street be updated. Chief McFarlin stated that further study would require a traffic engineer to review our roads and the potential for truck routes. Mayor Pro -Tem Lisa Dritschler stated that in the past the primary concern for the prior Council was Prosper Trail, due to sidewalks and the heavily trafficked area alongside Prosper Trail. Several community members did come to speak in support of implementing a "no truck .ite" for this road, specifically, and she is concerned that there has not been a "no truck route" sign erected for Prosper Trail. The Council would like for staff to continue to look for ways in which to attempt to facilitate truck flow on that road. 10. Consider and act upon the designation of the Mayor and a Council member to represent the Council in preliminary meetings regarding the design of the Town's new municipal building. (DM) Mike Wadsworth stated that he would like to see all of the Council be involved in both stakeholder meetings and the charet, and beyond that, he felt a Council designee would be appropriate. Mayor Pro -Tem Lisa Dritschler agreed with this. Motioned by Mike Wadsworth, seconded by Dave Turley to designate the Mayor and Kevin Drown to represent the Council in preliminary meetings regarding the design of the Town's new municipal building after the stakeholders meeting and the charet have been held. Motion approved 4-0. Council recessed at approximately 8:05 p.m. Council reconvened from recess at approximately 8: 12 p.m. 11. Discuss and provide direction to staff regarding the proposed 2005-2006 Town budget. (DM/RoB) Council generally discussed the budget and any necessary additions or deletions which they would recommend be made prior to the proposed approval of the final budget. EXECUTIVE SESSION i 12. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Page 4 of 5 a) Section 551.072 - Deliberation about real property regarding acquisition of real property in an area bounded by Frontier Parkway to the north, Prosper Trail to the south, Coleman Street to the west, and Preston Road to the east; and b) 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. Motioned by Mike Wadsworth, seconded by Kevin Drown to recess into executive session. Motion approved 4-0. Council recessed into executive session at 8:25 p.m. 13. Reconvene into regular session and take any action necessary as a result of the closed session. Motioned by Kevin Drown, seconded by Dave Turley to reconvene into regular session. Motion approved 4-0. Council reconvened at 9:02 p.m. No action was necessary as a result of the executive session. 14. Consider and act upon 1) a water and wastewater services agreement between the Town of Prosper and Mustang Utility District and 2) a resolution authorizing the Mayor to execute the same. (DM) Motioned by Mike Wadsworth, seconded by Kevin Drown to approve 1) a water and wastewater services agreement between the Town of Prosper and Mustang Utility District and 2) a resolution authorizing the Mayor to execute the same, subject to final review and approval by Town legal counsel and the Town Administrator. Motion approved 4-0. 15. Consider and act upon 1) a settlement agreement between the Town of Prosper, Fishtrap Properties Ltd., and Mustang Special Utilities District and 2) a resolution authorizing the Mayor to execute the same. )tioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to approve 1) a settlement agreement between the Town of Prosper, Fishtrap Properties Ltd., and Mustang Special Utilities District and 2) a resolution authorizing the Mayor to execute the same, subject to final review and approval of Town legal counsel and the Town Administrator. Motion approved 4-0. 16. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. • Appoint a council representative to the Youth Advisory Council. • Off site signage • Recommendation by Town Administrator for a date for the goal setting session of the Town Administrator. • Direct Town Administrator and staff to write a thank you letter and/or proclamation thanking First Baptist Church for allowing us to utilize the church for Town Council meetings. 17. Adjourn Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to adjourn. Motion approved 4-0. The meeting was adjourned at 9:15 p.m. Attest: Shanae Jennings, Secreta arles Niswang6r, Mayor Page 5 of 5