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10.11.2005 Town Council MinutesTOWN OF SPS 1 . Call to Order/ Roll Call. The meeting was called to order at 6:05 p.m. Minutes (approved) Regular Meeting of the Prosper Town Council 800 Somerville Drive Folsom Elementary School (Community Room) Tuesday, October 11, 2005 at 6:00 p.m. Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Dave Turley, Kevin Drown, and David Bristol. Mike Wadsworth arrived at 6:30 p.m. Staff present included: Town Administrator, Doug Mousel; Planning Director, Mitch Humble; and Administrative Assistant, Sara Thetford. 2. Invocation and Pledge of Allegiance Invocation was given by Pastor John Fowler of the Presbyterian Church of Prosper. The Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events Mayor Niswanger announced the Health and Safety Fair would be held on Saturday, October 15, 2005 from 11 a.m. — 3 p.m. at Prosper High School. 4. Presentation of a proclamation recognizing Judy Rucker for her years of dedicated service to the Town of Prosper and making Sunday, October 16, 2005 "Judy Rucker Day" in the Town of Prosper. Mayor Niswanger presented Judy Rucker a proclamation for her years of dedicated service to the Town of Prosper. 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 aeon. 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) • September 27, 2005 Regular Meeting FINAL ACCEPTANCE b. Consider and act upon a request for final acceptance of Preston 48 Addition, Block A, Lots 1.6, being off-site utility improvements associated with the Exxon Station on six lots on 9.1± acres located at the southwest comer of Preston Road and Prosper Trail (10104-4). (MH) c. Consider and act upon a request for final acceptance of Preston 48 Addition, Block A, Lot 3, being a convenience store with gas pumps on one lot on 1.4± acres located at the southwest comer of Preston Road and Prosper Trail (D04-6). (MH) ORDINANCES AND RESOLUTIONS d. Consider and act upon a resolution adopting the ICMA-RC 457 Deferred Compensation Plan and authorizing the Town Administrator or his/her designee to execute all documents necessary to implement the Plan. (DM) )tioned by Mayor Pro -Tem Lisa Dritschler, seconded by David Bristol to approve the consent agenda, subject to staff recommendations. Motion approved 4-0. Page 1 of 3 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 ease -by -case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS 7. A public hearing to consider and act upon a request to rezone 71.1± acres on the south side of Prosper Trail, 1,700± feet west of Coleman Street from Single Family -15 to Planned Development -Office & Industrial (Z05.12). (MH) Motioned by David Bristol, seconded by Dave Turley to open the public hearing. Motion approved 4-0. Mayor Niswanger opened the public hearing at 6:17 p.m. Scott Norris, Land Advisors, 4265 Kellway Circle, Addison, Texas - He was representing the landowner and was available to answer any questions the Council had. David Bristol and Mayor Pro -Tem Lisa Dritschler spoke concerning the prospect of an eight -story building being so close to residential neighborhoods. Mike Wadsworth arrived at 6:30 p.m. during the public hearing. Motioned by David Bristol, seconded by Dave Turley to close the public hearing. Motion approved 5-0. Mayor Niswanger closed the public hearing at 6:42 p.m. Itioned by Mayor Pro -Tem Lisa Dritschler, seconded by David Bristol to approve the request to rezone 71.1± acres on the south side of Prosper Trail, 1,700± feet west of Coleman Street from Single Family -15 to Planned Development -Office & Industrial, subject to the following changes: 1) Amendment of Exhibit C, Maximum Height: Eight (8) stories limited to only 500 ft. south of Prosper Trail; 2) Section H(1) and H(2): Amend the spelling of "public"; 3) Section H(3): A solid living screen is required for all required screening within the zoning district; and, 4) Section L, Permitted Uses: Omit Landfill S. Motion approved 5-0. 8. A public hearing to consider and act upon a request to rezone 43.3± acres at the northeast corner of University Drive and Lovers lane from Single Family -15 to Retail, Commercial Corridor, and Multifamily (Z05.13). (MH) Motioned by Mike Wadsworth, seconded by Kevin Drown to open a public hearing. Motion approved 5-0. Mayor Niswanger opened the public hearing at 6:48 p.m. Frank Abbott, Kimley Horn, 9300 Wade Blvd., Suite 320, Frisco, Texas — He was representing the landowner and was available to answer any questions the Council had. Mayor Pro -Tem Lisa Dritschler spoke against the approval of adding additional multifamily housing units because she is concerned about the Future Land Use Plan as well as the balance between single and multifamily housing. Motioned by Mike Wadsworth, seconded by Dave Turley to close the public hearing. Motion approved 5-0. Mayor Niswanger closed the public hearing at 6:58 p.m. Motioned by Mike Wadsworth, seconded by David Bristol to approve the request to rezone 43.3± acres at the northeast comer of University Drive and Lovers Lane from Single Family -15 to Retail and Commercial Corridor, with the multifamily portion of the request being zoned Commercial Corridor in compliance with the Future Land Use Plan. Motion approved 5-0. Page 2 of 3 DEPARTMENT ITEMS 9. Consider and act upon an agreement between the Town of Prosper and Freese and Nichols for the preparation of a capital -iprovements plan and impact fee update. (DM) Motion by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to enter into an agreement between the Town of Prosper and Freese and Nicols for the preparation of a capital improvements plan and impact fee update, subject to the amendment of the Town's 2005-2006 budget, and subject to the approval of the Town Administrator. Motion approved 5-0. 10. Consider and act upon an amendment to the Town's 2005-2006 budget, including, but not limited to, an amendment to the water, sewer and thoroughfare impact fee accounts of the Special Revenue Fund. (DM) Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to amend the Town's 2005-2006 budget; including, but not limited to an amendment to the water, sewer and thoroughfare impact fee accounts of the Special Revenue Fund. Before the motion was approved, Mitch Humble, Director of Planning, stated he would like to install an outfield fence at the baseball field at Judy Rucker Elementary School from the Park Improvement Special Revenue Fund. He stated the reason for the purchase was to prevent cars from driving across the field to reach the football stadium. He also stated the fence was not originally budgeted; therefore, the funds needed to come from the Park Improvement Special Revenue Fund. Mike Wadsworth requested that staff add a discussion regarding Folsom Park to the next joint meeting agenda between the Town of Prosper and Prosper Independent School District. Mayor Pro -Tem Lisa Dritschler elected to modify her original motion as follows: Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to modify the original motion to amend the Town's 2005-2006 budget, including, but not limited to, an amendment to the water, sewer and thoroughfare impact fee accounts of the Special Revenue Fund, as well as include $2,250 in funds to the Park Improvement Special Revenue Fund for the installation of an outfield fence at Judy %�cker Elementary School. Motion approved 5-0. 11. Discuss expectations of the forthcoming: a.) Council work session to discuss goals, objectives, and expectations; and b.) Salary Study. Council will meet on Monday, October 17, 2005, to discuss goals, objectives, and expectations of the Town Administrator as well as the Town Administrator's expectations of the Town Council. Council directed staff to include a benefits analysis with the salary study. 12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. • Joint meeting with Prosper Economic Development Corporation. • Review zoning of residential accessory buildings; specifically masonry requirements. • Youth Advisory Council. • Holiday Meeting Calendar. • Report to Council from Charter Committee. • Arts of Collin County. 13. Adjourn Motion by Mike Wadsworth, seconded by David Bristol to adjourn. Motion approved 5-0. The meeting was adjoumed at 8:10 p.m. Attest: Page 3 of 3 C axles w ger, ayo