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08.23.2005 Town Council MinutesTOWN OF SPO 1. Call to Order/ Roll Call. Meeting was called to order at 6:04 p.m. Minutes (approved) Regular Meeting of the Prosper Town Council 800 Somerville Drive Folsom Elementary School (Community Room) Tuesday, August 23, 2005 at 6:00 p.m. Roll call was taken by the Administrative Assistant to the Town Administrator Town Secretary. Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Dave Turley, Kevin Drown, Mike Wadsworth, and David Bristol. Staff present included: Town Administrator, Doug Mousel; Planning Director, Mitch Humble; Business Manager, Ron Butler; EDC Director, Karen Gandy; Public Works Manager, Rick Bogle; Fire Chief, Ronnie Tucker, Police Chief, Kirk McFadin; and Administrative Assistant, Sara Thetford. 2. Invocation and Pledge of Allegiance Invocation was given by Pastor Doug Fox of the Prosper United Methodist Church. The Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events There were no announcements 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 of the official record.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings: (SJ) • August 9, 2005 Regular Meeting ORDINANCES AND RESOLUTIONS b. Consider and act upon a resolution adopting the FY 2005 certified appraisal roll. (DM) c. Consider and act upon an ordinance providing for the recovery of CoSery Gas rate case expenses. (DM) d. Consider and act upon the adoption of an ordinance rezoning 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) Page 1 of 5 SITE PLANS AND PLATS e. Consider and act upon a final plat of Gentle Creek Estates, Phase 5, being 31 Single Family lots on 10.2_+ acres on the east side of Coit Road, 300± feet north of Prosper Trail (D05-18). (MH) f. Consider and act upon a final plat of Gentle Creek Estates, Phase 6, being 57 Single Family lots on 25.1± acres at the northeast corner of Coit Road and Gentle Creek Trail (D05-19). (MH) g. Consider and act upon a final plat of Gentle Creek Estates, Phase 7, being 54 Single Family lots on 38.2± acres on the east side of Coit Road, 1,800± feet north of Gentle Creek Trail (D05-20). (MH) h. Consider and act upon a final plat of the Pasewark Addition, being 2 Single Family lots on 5.0± acres on the north side of Pasewark Circle, 800± feet west of Preston Road (D05-21). (MH) FINANCIALS i. Consider and act upon the financial statements ending July 31, 2005. (RoB) David Bristol requested that item 4g be removed. Motioned by David Bristol, seconded by Mike Wadsworth to remove item 4g. Motion approved 5-0. David Kalifer, 16610 Dallas Parkway, Suite 200, Dallas, TX — He spoke in favor of item 4g. He explained that item 4g involves private, gated streets for Gentle Creek Estates, Phase 7. He stated that Phase 7 homeowners would be part of the Gentle Creek Homeowners' Association; however, they would have a separate escrow account to maintain the streets. Jeff Brandt, 1540 Gentle Way, Prosper, TX — He spoke against item 4g. He noted that he is a resident of Gentle Creek Estates and is concerned about the creation and maintenance of private streets. David Bristol spoke against item 4g. He expressed concerns that Gentle Creek Homeowners' Association would not be able to pay for a section of private streets in the future. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to approve the consent agenda, including item 4g, subject to staff recommendations. Motion approved 3-2. David Bristol and Dave Turley opposed. 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 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. Presentation on the Collin County Outer Loop Project. Collin County Commissioner Joe Jaynes gave a brief update on the Collin County Outer Loop Project Page 2 of 5 PUBLIC HEARINGS (ASSOCIATED ORDINANCESIPLATS 7. Conduct a public hearing and consider and act upon the FY 2005-2006 Town and Prosper Economic Development Corporation budgets. (DM) 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 6:33 p.m. Jeff Brandt,1540 Gentle Way, Prosper, TX — He spoke against a tax rate increase for next year. Danny Wilson, 671 Willow View Drive, Prosper, TX — He spoke in favor of leaving the tax rate the same. Mike Wadsworth spoke in favor of the proposed budget and wants to give citizens an eight cent tax decrease. David Bristol spoke in favor of the proposed budget and supports the tax rate decrease.. Dave Turley spoke in favor of the proposed budget and is not supportive of increased taxes which could lead to a rollback. Kevin Drown spoke in favor of the proposed budget and is also not supportive of increased taxes which could lead to a rollback. Council, with the exception of Mayor Pro -Tem Lisa Dritschler, supports the budget as proposed. Mayor Pro -Tem Lisa Dritschler opposed the budget stating the following: 0 1 oppose the proposed budget due to the property tax rate being set at a rollback rate. The difference between the current rate and the proposed rate is approximately .07% equating to approximately $200 per household or $300,000 in revenue to the Town. The sales tax increase of only $68,540 has not kept pace with the moderate increases in the Town's operating expenses. O Over $770,000 of expenses were not approved in the original budget requested by department heads. • Several items, including police, fire, planning, and accounting positions were not approved; as well as supplies for day to day office functions. • Restricting the capacity of our Town to provide services with limited revenues and expenditures will lead to a reduction in the quality of life and economic performance. 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 6:38 p.m. Motioned by Mike Wadsworth, seconded by David Bristol to approve the proposed FY 2005-2006 budget for the Town of Prosper and Prosper Economic Development Corporation, subject to the following revisions: 1) increase the I&S rate from .212943 to .220836; 2) decrease in the M&O rate from .185494 to .184549; 3) Eliminate $29,275 in proposed expenses from GL Code 5310 — rental expenses; 4) add property tax revenue from freeze adjusted properties to the General Fund and Interest and Sinking Fund; and 5) adjust necessary funds to purchase property located at 121 W. Broadway, Prosper, TX. Motion approved 4-1. Mayor Pro -Tem Lisa Dritschler opposed. Please see comments above for Mayor Pro -Tem Lisa Dritschler's objection. 8. Conduct a public hearing and discuss the results of a study on the Town's water and wastewater rates. (DM) Dan Jackson of Economists.com, 5500 Democracy Drive, Suite 130, Plano, TX — He presented a PowerPoint presentation regarding the increase of water and wastewater rates. 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 7:35 p.m. Page 3 of 5 Jeff Brandt, 1540 Gentle Way, Prosper, TX — He spoke against a water rate increase due to the cost of watering large lots. Heath Yentes, 3125 Water Crest Circle, Prosper, TX — He spoke about water conservation and gave Council a Region V Water Conservation handout. 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 7:45 p.m. Council recessed at approximately 7:50 p.m. Council reconvened from recess at approximately 8:00 p.m. DEPARTMENT ITEMS 9. Discuss monthly activity reports from Town departments and committees. Council briefly discussed the activity reports for the month of July 2005. 10. Consider and act upon a preliminary plat of the Robinson Addition, being 114 Single Family lots on 81.1± acres on the west side of Colt Road, 200± feet south of Prosper Trail (D05.23). (MH) Bill Muenchinger, 3131 McKinney Avenue, Suite 600, Dallas, TX — He spoke against the modification of the preliminary plat and engineering plans. He was opposed to revising the street layout so that a parallel street is provided along the north property line of this tract adjacent to the outer parcel at the northeast corner of the tract. Dean Bailey, 1221 Merit Drive, Suite 610, Dallas, TX — He spoke against the modification of the preliminary plat and engineering plans. He was opposed to revising the street layout so that a parallel street is provided along the north property line of this tract adjacent to the outer parcel at the northeast corner of the tract. Motioned by Mike Wadsworth, seconded by David Bristol to approve a preliminary plat of the Robinson Addition, being 114 Single Family lots on 81.1± acres on the west side of Coit Road, 200± feet south of Prosper Trail (D05-23), subject to 1) modification of the preliminary plat and preliminary engineering plans as required by the Town's consulting engineer; and 2) revising the street layout to remove the street stub (Wyngate Drive) to the adjacent tract at the northeast comer of the property. Motion approved 5-0. 11. Discuss and provide feedback to staff regarding a request by the Prosper United Methodist Church to abandon right-of-way adjacent to the church's property at the northeast corner of Church Street and Third Street. (MH) Doug Fox, 205 S. Church Street, Prosper, TX — He requested support from Town Council to pursue the abandonment of two strips of right-of-way adjacent on the north and east side of their property at the northeast corner of Church Street and Third Street. Council has no objections to the north alleyway abandonment. 12. Discuss and provide feedback to staff regarding a potential Sign Code amendment regarding off-site directional signage. (MH) Eddie Collins, 5700 W. Plano Parkway, Suite 3000, Plano, TX — Spoke in favor of a multi -panel, off-site directional signage. Dan Mahoney, 5001 Spring Valley Road, Dallas, TX — Spoke in favor of a simple, panel style, off-site directional signage. Chris Blair, 841 Cybil Lane, Prosper, TX — Spoke in favor of a single source, temporary, off-site directional signage. Rudy Guerra, 2C Rhea Mills, Prosper, TX — Spoke in favor of a multi -panel off-site directional signage. Steve Meyer, Prosper, TX — Spoke and is in favor of a multi -panel off-site directional signage with placement limitations. Doug Fox, 205 S. Church Street, Prosper, TX — Spoke in favor of a multi -panel directional signage. Ted Gilbert, PO Box 160, Prosper, TX — Responded via a letter in favor of amending the Sign Code regarding off-site directional signage. Page 4of5 Council discussed a potential Sign Code amendment regarding off-site directional signage and directed staff to proceed with alternative options and provide future examples regarding these alternate options for the modification the Sign Code amendment. 13. Consider and act upon the appointment of a Council liaison for the Youth Advisory Council and provide direction to Town staff regarding the role of Town staff as it relates to the Youth Advisory Council. (LD) Motioned by Mike Wadsworth, seconded by Dave Turley to appoint Lisa Dritschler as the Council liaison for the Youth Advisory Council and provide direction to Town staff regarding the role of Town staff as it relates to the Youth Advisory Council. Motion approved 5-0. 14. Consider and act upon a firm to provide and install an AMR (automatic meter reading) system for water meters for the Town of Prosper and direct Town staff to prepare a contract between the Town of Prosper and the selected firm. (RIBIRoB) Staff recommended Sparks Systems, Master Meter, and USM&T Meter Company as potential firms to provide and install an AMR system for water meters. Council directed staff to schedule presentations from Sparks Systems, Master Meter, and USM&T Meter Company at the next Town Council meeting on Tuesday, September 13, 2005. No further action was taken. EXECUTIVE SESSION 15. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.072 — Deliberation about real property regarding the purchase, exchange, lease, or value of real property located in an area bounded by First Street to the north, U.S. 380 to the south, Coit Road to the west, and Custer Road to the east. (DM) Council did not convene into executive session. 16. Reconvene into regular session and take any action necessary as a result of the closed session, being 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) Council did not convene into executive session. Although Council did not convene into executive session, action was taken as follows: Motioned by Mike Wadsworth, seconded by Kevin Drown to approve 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. Motion approved 5-0. 17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. There were no items listed for future discussion. 18. Adjourn Motioned by Dave Turley, seconded by Mike Wadsworth to adjourn. Motion approved 5-0. The meeting was adjourned at 10:30 p.m. Page 5 of 5 Charles Niswanger, ayo