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01.27.2004 Town Council MinutesMinutes (approved) Regular Meeting of the Prosper Town Council 601 South Church Street Prosper First Baptist Church Children's Building (S. Wing) Tuesday, ,January 27, 2004 7:00 p.m. Town C)f Prosper 1. Call to Order f Roll Call.. Meeting was called to order at 7:06 p.m. Roil call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Mayor Pro Tem Michael Perry, Ane Casady, Lisa Dritschler, Karie Dalton, and Russell Kaker. Staff present included: Town Administrator, Doug Mousel; Director of Planning, Mitch Humble; Public Works Director, Bill Little; Police Chief, Kirk McFarlin; Fire Chief, Ronnie Tucker, Town Secretary, Shanae Jennings. PUBLIC HEARINGS 2. 2nd Public Hearing to consider the proposed voluntary annexation of a tract of land situated In the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 146.447 acres, being more generally located at the southeast comer of Burlington Northern Santa Fe Railroad and SH 439. (A 2003.05 Shanahan) (SJ) Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 7:47 p.m. Tom Clark, 4601 Langland, Farmers Branch, TX. stated that he is the applicant and would be happy to answer any questions the Council may have. There was no discussion on this hearing. Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 7:08 p.m. 3. 2nd Public Hearing to consider the proposed voluntary annexation of a tract of land situated In the Spencer Rice Surrey, Abstract No. 787, Collin County, Texas, containing 159.407 acres, being more generally located at the northwest comer of SH 289 and CR 48. (A 2003.06 Shanahan) (SJ) Motioned by Mayor Pro Tern Michael Perry, seconded by Russell Kaker to open the public hearing. Motion canned 5-0. Mayor Charles Niswanger opened the public hearing at 7:08 p.m. Tom Clark, 4601 Langland, Farmers Branch, TX. stated that he is the applicant and would be happy to answer any questions the Council may have. There was no discussion on this hearing. Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to close the public hearing. Notion carried 5-0. Mayor Charles Niswanger closed the public hearing at 7:09 p.m. 4. 2nd Public Hearing to consider the proposed voluntary annexation of a tract of land situated In the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 29.664 acres, being more generally located on the east side of SH 289 and 1,4000+ feet north of CR 78. (A 2003.07 Blue Star Land) (SJ) Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 7:10 p.m. Page I of 6 Mr, Vest, from Huitt Zollar, 3131 McKinney Ave., Dallas, TX. stated that he is the applicant and would be happy to answer any questions the Council may have. There was no discussion on this hearing. Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 7:10 p.m. 5. 2nd Public Hearing to consider the proposed voluntary annexation of a tract of land situated in the Collin County School Land Survey, Abstract No. 172, Collin County, Texas, containing 149.997 acres, being more generally located at the southeast corner of SH 289 and FM 1461. (A 2003-08 Blue Star Land) (SJ) Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 7:11 p.m. Mr. Vest, from Huitt Zollar, 3131 McKinney Ave., Dallas, TX. stated that he is the applicant and would be happy to answer any questions the Council may have. There was no discussion on this hearing. Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 7:11 p.m. 6. 2nd Public Hearing to consider the proposed voluntary annexation of a tract of land situated in J. Yarnall Survey, Abstract No. 1038, and Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 157.98 acres, being more generally located at the northwest corner of US 380 and SH 289. (A 2003-09 Angel Properties) (SJ) Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion carried 5-4. Mayor Charles Niswanger opened the public hearing at 7:12 p.m. There was no discussion on this hearing. Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 7:12p.m. ANNEXATION AND DEVELOPMENT APPLICATIONS 7. Consider and act upon a preliminary plat of the Preston 48 Addition, being a restaurant, a convenience store with gas pumps, a mini -warehouse facility, a car wash, and hvo retail buildings on six lots of 9± acres a the southwest corner of S.H. 289 (Preston Road) and C.R. 48 (future Prosper Trail). (MH) Council deferred action on this item at their December 9, 2003 meeting to allow the applicant to make some changes in the site plan. Staff recommends approval subject to recommendations from TXDOT and approval of the Town Engineer regarding Town Utilities. Lisa Dritschler suggested some landscaping around the mini storage facility to soften the look. On the retail strip she suggested a change in elevation so there is not a flat front. Jim Lee, 9500 Frisco Street, Frisco TX is the applicant and is happy to answer any questions Council has. He suggested a pitched roof. He also brought a new rendering offering some new looks for the mini storage buildings. Council asked for more drive up appeal in the way of landscaping. Mayor Pro Tem Michael Perry expressed concern about the mini storages being located on the main thoroughfare/gateway. He does not believe this is what the Town of Prosper wants as the Prosper look and feel. He is also not happy with the land use that is designated for a car wash. Mr. Lee stated that he would be willing to consider removing the car wash. Mr. Perry is also concerned about Masonry on the buildings. Lisa Dritschler asked Mr. Lee if he had an idea of what they would replace the carwash with if they removed it. Mr. Lee stated he would combine the two lots and it would likely become two small office retail buildings. Page 2 of 6 In summary, Mr. Lee is willing to remove the car wash and add landscaping to any of the buildings that Council requests. Mayor Pro Tem Michael Perry still has concerns that with Prosper not having a defined look and feel, Mr. Lee will not develop has property consistent with what Council wants as the Prosper standards. Lisa Dritschler expressed that although Council may not be completely comfortable, Mr. Lee has met all the land use requirements, has complied with Council's requests, and legally he has the right to proceed forward with this development. Doug stated that he is confident in Mr. Lee's commitments to the Town and he believes that he will do what he says he will do. He also stated to the public that if Council does approve this item tonight it isn't necessarily because they want to, but because they are bound to since the applicant has met all the Town's development standards. Motioned by Lisa Dritschler, seconded by Russell Kaker to approve the Preston 48 Addition subject to TXDOT approval of the driveway, turn lane, and median opening locations and specifications, Town Engineer approval of proposed utilities, the addition of landscaping between parking and buildings, removal of the car wash, and architectural standards set in deed restrictions. Motion approved 4-1. Mayor Pro Tem Michael Perry opposed. ORDINANCES AND RESOLUTIONS 8. Consider and act upon an ordinance amending the Sign Code. (MH) Mitch Humble stated that all the recommended changes form the last meetings have been incorporated into the code and staff recommends approval. Lisa Dritschler has concerns about the Kiosk panel signs, she doesn't think they are attractive, they are hard to read, and they resemble Frisco too closely; she would like to see Prosper look like its own community. She created some renderings and showed them to Council and the audience. She suggested the signs resemble a master planned community or have a resort feel. Russell Kaker asked if she would suggest mixing business with housing additions, and she said she didn't think she would suggest it, but that it is definitely something worth discussion. Mayor Pro Tem Michael Perry said that originally the signage was for businesses as opposed to how they are now, which is pointing in all different directions. He suggested letting housing developments and businesses both do signs, but do housing development in one color, and businesses in another color. Mr. Lee spoke regarding the signage and stated that he is in favor of monument signs and would deed restrict his developers to use these. Motioned by Lisa Dritschler, seconded by Karie Dalton to adopt the Ordinance to amend the sign code, less section H and any other references to panel signs in the code. Motion approved 5-0. DEPARTMENT ITEMS 9. Discuss the responses to the Town's Request for qualifications to prepare a needs assessment studyffaciltties master plan for the Town and select finalists to interview for the completion of the studylplan. (DM) Mayor Pro Tem Michael Perry asked who the presentations would be made to, and Doug Mousel stated that the bidders would make the presentations to Council at one of their Council meetings. Council would then discuss their thoughts between the three bidders. Mayor Pro Tem Michael Perry motioned, seconded by Russell Kaker to accept staffs recommendations that the requests for qualifications for needs assessment be narrowed from six groups to three groups as finalist, and have those three who consist of BN Architects, Brinkley Sargent Architects and Perkins & Will make formal presentations before Council. Motion approved 5-0. Page 3 of 6 10. Discuss a status report on the 2003-2004 fiscal year budget. (DTVI) Lisa Dritschler asked if the next financials will be completely current to date. Doug Mousel stated that they would be. No action is required by Council right now. Doug Mouse] stated that we are in good shape on financials to date. 11. Discuss and act upon an amendment to the organizational chart for the Town. (DM) Doug Mousei stated that he and the Mayor have made some changes to the organization chart to reflect more precisely the actual responsibilities and functions that occur within the Town's Administrative staff and internal staff. Public Works and Building inspections have been split. Motioned by Lisa Dritschler, seconded by Russell Kaker to adopt the amendment to the organizational chart. Motion failed 2-3. Michael Perry, Ane Casady and Karie Dalton voted against the new organizational chart. Mayor Pro Tem Michael Perry would like to have time to look at another chart and rethink the issue. Kade Dalton stated that we should do some more research. Mayor Charles Niswanger asked that the chart be tabled for 30 days and re -addressed at a meeting in February. 12. Discuss and act upon the purchase of opticom emergency vehicle preemption equipment for the intersections of FM 1461 and SH 289 and FM 1193 and SH 289. (RT) Motioned by Mayor Pro Tem Michael Perry, seconded by Lisa Dritschler to approve the purchase of opticom emergency preemption equipment. Motion approved 5-0. 13. Discuss and provide direction to staff regarding a potential increase in the speed limit from 35 mph to 45 mph on CR 81 and CR 48. (KM) Chief McFarlin stated that the speed was arbitrarily set at 35 mph when it was set, but it was not set in accordance with a speed study or inspection by an engineer. The policy department has received several complaints about the speed limit being too slow on this road. A speed study was conducted within the last month and the average speed limit was set to be around 45 mph. He understands both sides of the argument, and would like Council to discuss the issue. Lisa Dritschler asked about the concerns on CR 81 with all the new construction regarding noise and the larger trucks. She sees this as a larger concern than the speed limit. Chief McFarlin stated he didn't think the speed of the trucks would make the noise leve] any worse if they are driving slow or fast. Russell Kaker stated he was concerned about CR 48 being 45 mph because of all the new traffic that is going in and out through that road because of development. Russell Kaker asked if CR 81 could be made a no truck route. Karie Dalton stated that if this road is made 45 mph, then people will push and think they can drive 55 mph. Larry Tracey, 1219 Chandler Circle, Prosper, TX. - He stated that if they wanted to re-route the traffic that would be wonderful. He also stated that the people who live there are hindered by the noise and that people who travel the road do so at a very high speed already. It would be in the best interest of the neighborhood and the Town if it was left at 35 mph and enforced. Forest Bently, 1707 Colonial Court, Prosper, TX. - He stated that he would like Council to go and drive down 48 tomorrow and see that if you are in your car and you don't even push the accelerator, you will be going 40 mph. Sally Holmburg,1506 Riverhill, Prosper, TX. - She stated that people speed down that road which is behind her house all the time. Council decided they would like to leave the speed limit at 35 mph. Page 4 of 6 14. Discuss an amendment to the employment agreement between the Town and the Town Administrator and authorize the Mayor to execute the same. (DM) Mayor Charles Niswanger stated that they did not change anything other than titles on Doug's contract. Lisa Dritschler recognized that the Mayor currently does the evaluation of the Town Administrator and she recommends that the Mayor and the Council as a whole evaluate the Town Administrator. Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to amend the employment contract of the Town Administrator, subject to changing the evaluation method from the Mayor alone to the Council and Mayor, and item 4 to include, but not limited to the subscriptions and dues listed. Motion approved 5-0. 15. Discuss an amendment to an interlocal agreement regarding personnel services between the Town and the Prosper Economic Development Corporation and authorize the Mayor to execute the same. (DM) Motioned by Mayor Pro Tern Michael Perry, seconded by Russell Kaker to amend the employment contract of the Town Administrator, subject to changing the evaluation method from the Mayor alone to the Council and Mayor. Motion approved 5-0. 16. Discuss lease proposals for Town Hall and authorize the Mayor to enter into a contract to lease a building for Town Hall. (DM) Mayor Charles Niswanger stated that he didn't think anything could be done before two years in order for staff to be moved into another facility. Tom Clark stated that he could have something constructed by August or September 2004. His lease rate would be $10 per square foot, and he would love for Council to consider moving Staff into his facility. Mayor Pro Tem Michael Perry would like to see a one year lease, with the option of a second year. Russell Kaker concurs with this. Lisa Dritschler thinks we should hold tight where we are, and wait for the needs assessment to be conducted to see what is needed. Motioned by Mayor Pro Tem Michael Perry, seconded by Lisa Dritschler to authorize the Mayor to enter into a contract to lease a building for Town Hall for the duration of one year, with the option to lease for another year. Motion approved 5-0. CONTRACTS AND AGREEMENTS 17. Consider and act upon an amendment to the development agreement between the Town and Tuscany Partners, LP regarding the Whispering Farms development, and authorize the Mayor to sign said agreement. (MH) Parks Board requested that this item be tabled. Michael Betty, 4516 Lovers Lane, Dallas, TX. — stated that he is one of the developers and is here to answer any questions the Council has. He asked why the Parks committee wanted to table this item. He stated that unless they are looking at something different than what he has, what is being proposed is what has been discussed. Mitch stated that the Parks department saw something different than what was being proposed. A parks board meeting will be set for next Thursday, and this can be brought to the next Council meeting on February 10, 2004. Motioned by Ane Casady„ seconded by Russell Kaker to table this item until the next Council meeting. Motion approved 5-0. 18. Discuss and possibly direct Town Staff to place items on future agendas Ane Casady asked when we would start talking about budget for next year. Doug stated that Council will likely not see budget information for the next couple of months. Lisa Dritschler suggested that Council and Staff discuss this as a goal at the Council work session. Page 5 of 6 + Mayor Pro Tem Michael Perry would like to discuss the Town's directional signs and have some finalization within the next 60 days regarding these signs; however, he would like to make sure they have discussion on the signs within the next 30 days, or the February 241" meeting. 19. Adjourn. Motion to adjourn by Russell Kaker, seconded by Karie Dalton, Motion approved 5-0. The Town Council meeting was adjourned at 9:41 P.M. Attest: LI Charles anger, Ma Page 6 of 6