11.29.2005 Town Council MinutesISPER OWN OF
1. Call to Order/ Roll Call.
Meeting was called to order at 6:02 p.m.
Roll call was taken by the Town Secretary
Minutes (approved)
Regular Meeting of the Prosper Town Council
800 Somerville Drive
Folsom Elementary School (Community Room)
Tuesday, November 29, 2005 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Dave Turley, Mayor Pro -Tem Lisa Dritschler, Kevin Drown, Mike Wadsworth, and
David Bristol.
Staff present included: Town Administrator, Doug Mousel; Planning Director, Mitch Humble; Fire Chief, Ronnie Tucker; Police Chief, Kirk
McFarlin; and Town Secretary, Shanae Jennings.
2. Invocation and Pledge of Allegiance
Invocation and the Pledge of Allegiance were not held at tonight's meeting.
3. Announcements of dates and times of upcoming community events
Prosper Country Christmas will be held Saturday, December 3, 2005 from 5:00 p.m. to 9:00 p.m. in downtown Prosper.
7 Prosper Chamber of Commerce will have their annual Christmas party on December 9, 2005 at Becky Conklin's house
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)
+ November 8, 2005 Regular Meeting
FINANCIALS
b. Consider and act upon the financial statements ending October 31, 2005. (RoB)
ORDINANCES AND RESOLUTIONS
c. Consider and act upon the adoption of an ordinance amending the development standards included within Planned
Development -24 -SF -10112.5, containing 80.6± acres and located at the northeast comer of Coleman Street and Prosper Trail
(Z05.14). (MH)
PLANS
d. Consider and act upon a site pian of Preston 48 Addition, Block A, Lot 4, being a 10,350 square foot retail/office building
on one lot on 1.0± acre on the south side of Prosper Trail, 250± feet west of Preston Road (D05.29). (MH)
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CONTRACTS AND AGREEMENTS
e. Consider and act upon 1) an interlocal agreement between Collin County, the Town of Prosper, and multiple other Collin
County cities for the facility construction and use of an animal shelter and 2) a resolution authorizing the Mayor to execute
the agreement. (DM)
f. Consider and act upon 1) an interlocal agreement between Collin County, the Town of Prosper, and multiple other Collin
County cities for animal control services and 2) a resolution authorizing the Mayor to execute the agreement. (DM)
Doug Mousel requested that Council pull item 4b from the consent agenda and table it to December 13, 2005 meeting
Motioned by David Bristol, seconded by Mike Wadsworth to approve the consent agenda, with the exception of item 4b, subject to staff
recommendations. Motion approved 5-0.
Motioned by Mike Wadsworth, seconded by David Bristol to table item 4b to the December 13, 2005 Town Council meeting. Motion
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.)
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.)
BLIC HEARINGS
6. A public hearing to consider and act on a request to rezone 0.9± acre on the north side of Broadway Street 130± feet west
of McKinley Street from Single Family -15 to Downtown Commercial (Z05-11). (MH)
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 6:08 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 Kevin Drown to close the public hearing. Motion approved 5-0.
Mayor Chanes Niswanger closed the public hearing at 6:09 p.m.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to approve a request to rezone 0.9± acre on the north side of
Broadway Street, 130± feet west of McKinley Street from Single Family -15 to Downtown Commercial (Z05-11). Motion approved 5-0.
7. A public hearing to consider and act on a request to rezone 8.8± acres on the north side of Prosper Trail, 1,100± feet west of
Dallas Parkway from Single Family -15 to Commercial Corridor (Z05-15). (MH)
Planning Director Mitch Humble requested that Council table this item until the January 10, 2006 meeting so that he can have additional
meetings with the adjacent property owners of this land.
Motioned by Kevin Drown, seconded by Dave Turley to open the public hearing. Motion approved 5-0.
Mayor Charles Niswanger opened the public hearing at 6:10 p.m.
e
„4one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
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Motioned by Mike Wadsworth seconded by David Bristol to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 6:10 p.m.
Motioned by Mike Wadsworth, seconded by Dave Turley to table this item to the January 10, 2006 Town Council meeting. Motion
proved 5-0.
8. A public hearing to consider amending Zoning Ordinance No. 05-20 regarding building materials requirements for
accessory buildings (Z05.17). (MH)
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 6:16 p.m.
James Hodges, 720 Trail Drive, Prosper, TX — He is opposed to the Town dictating what can be built, what size bam can be built, what
material must be used, etc. in a rural environment.
John and Victoria Curtin, 11721 Charlotte Lane, Prosper, TX — They are opposed to the blanket restriction of brick and masonry as a
requirement to building a bam or accessory building.
Evelyn Yurgensen, 404 N Church Street, Prosper, TX — She is opposed to the zoning requirements for an accessory building which
requires her to build a certain size of building. Her particular interest is not in a bam but is in a smaller accessory building, and she
indicated that the ordinance does not allow for a standard sized building in terms of the industry standard.
Paul and Darlene Bryant, 401 7"h Street, Prosper, TX — He has ordered materials to build an accessory building out of brick and mortar as
the current ordinance requires. If the ordinance is changed back to requirements for metal buildings then he will not be able to reclaim his
money that will be lost on the purchase of the brick and the materials. They are opposed to amending the current zoning ordinance and
feels that those who have abided by the ordinance, even if they didn't like it or agree with it, are now being penalized for following the law
instead of arguing it.
Pny Vallner, 1350 Wheatland Road, Prosper, TX — She is in support of accessory buildings built out of metal materials and would like to
the homeowners associations regulate the type of material that accessory buildings can be built out from.
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 Dave Turley, seconded by Mayor Pro -Tem Lisa Dritschler to table the item to December 13, 2005 meeting. Motion approved
5-0.
Council took a short recess at approximately 7:35 p.m.
Council reconvened from recess at approximately 7:51 p.m.
9. A public hearing to consider and act on a variance request to the maximum front yard fence height for a single family home
at 500 Cloud View Court (V05-2). (MH)
Motioned by Dave Turley, seconded by Kevin Drown to open the public hearing. Motion approved 5-0.
Mayor Charles Niswanger opened the public hearing at 7:55 p.m.
Janine Miller, 511 Cloud View Ct., Prosper, TX — She lives on the comer lot across the street from the house requesting this variance and
she believes that the variance should be granted so that the house does not stand out so much from the rest of the neighborhood.
Phil Jobe, 201 North Preston, Prosper, TX — He is the applicant and is available for any questions by the council.
Motioned by Mike Wadsworth, seconded by Dave Turley to close the public hearing. Motion approved 5-0.
)yor Charles Niswanger closed the public hearing at 8:02 p.m.
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Motioned by Kevin Drown, seconded by Dave Turley to approve a variance request to the maximum front yard fenced height for a single
family home at 500 Cloud View Court (VO5-2). Motion approved 5-0.
". A public hearing to receive input and discuss the Water Conservation and Drought Contingency Plans required of the North
. dxas Municipal Water District's member and customer cities. (DM)
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to open the public hearing. Motion approved 5-0.
Mayor Charles Niswanger opened the public hearing at 8:10 p.m.
Jean Hodges, 720 Trail Drive, Prosper, TX — She asked if this plan pertains to builders as well.
Motioned by Dave Turley, seconded by David Bristol to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 8:14 p.m.
ORDINANCES AND RESOLUTIONS
11. Consider and act upon a resolution casting ballots for the Board of Directors for the Central Appraisal District of Collin
County, Texas. (SJ)
Council was given six votes by the Central Appraisal District; therefore, each council person cast a vote for one person.
Motioned by Mike Wadsworth, seconded by David Bristol to approve a resolution casting ballots for the Board of Directors for the Central
Appraisal District of Collin County, Texas with the following council members' casting votes for the following board members:
Mayor Charles Niswanger voted for Wayne Mayo
Mayor Pro -Tem Lisa Dritschler voted for Roy Wilshire
Dave Turley voted for Dr. Fitzgerald
"gvin Drown voted for Ronald Carlisle.
.xe Wadsworth voter! for Gary Rodenbaugh
David Bristol voted for Dwayne Elledge
Motion approved 5-0.
DEPARTMENT ITEMS
12. Consider and act upon an amendment to the Town's FY 2005.2006 budget, including, but not limited to, the Administration
and Fire accounts of the General Fund to provide for the installation of additional outdoor warning sirens. (DM)
Mike Wadsworth indicated that he is in favor of approval of this item; however, he does want to encourage that in the future Council
consider evaluating various options for the use of excess money accrued each quarter from surpluses in taxes instead of picking arbitrarily
items to approve with the money. Council agreed that this had been discussed in the past and that this would be the best direction to take
in the future.
Motioned by David Bristol, seconded by Mike Wadsworth to approve an amendment to the Town's FY 2005-2006 budget to increase the
sales tax revenue budgeted for FY 2005-2006 by $88,585 and to increase capital expenditures by $51,213 to allow for the purchase and
installation of two additional outdoor waming sirens. Motion approved 5-0.
13. Consider and act on a request to name the future east/west thoroughfares located between East First Street and University
Drive (US 380). (MH)
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by David Bristol to name the future east/west thoroughfares located between East
First Street and University Drive US 380 Lovers Lane and Richland, subject to staff recommendations. Motion approved 5-0.
Discuss monthly activity reports from Town departments and committees.
Council had no questions regarding activity reports.
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IS. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.074 -
Deliberations about Personnel Matters regarding the employment, evaluation and duties of the Town Engineer.
Council recessed into executive session at approximately 8:37 p.m.
Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened from executive session at approximately 9:03 p.m. No action was necessary as a result of the executive session.
17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
There were no topics suggested for discussion at a future meeting tonight.
18. Adjourn
Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to adjourn. The meeting was adjourned at 9:14 p.m.
Motion approved 5-0.
Attest:
• ,. -y, lown Se-cr
�►lr
Charles Niswan6er, Mayor
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