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02.10.2004 Town Council MinutesTown Orf Prosper I. Call to Order/ Rall Call.. Meeting was called to order at 7:35 p.m. Roll call was taken by the Town Secretary Minutes (approved) Regular Meeting of the Prosper Town Council 641 South Church Street Prosper First Baptist Church Children's Building (S. Wing) Tuesday, February 10, 2404 7:00 p.m. (or following the 6:30 special called meeting) Council present included: Mayor Charles Niswanger, Mayor Pro Tem Michael Perry, Ane Casady, Usa Dritschler, Marie Dalton and Russell Kaker. Staff present included: Town Administrator, Doug Mousel; Director of Planning, Mitch Humble; Public Works Director, Bill Little; Police Chief, Kirk McFadin; Fire Chief, Ronnie Tucker, Town Secretary, Shanae Jennings. Others in attendance: Doug Hartman, First Southwest Financial Advisor, Richard Abernathy, Town Attorney; Clan Culver, Town Bond Attorney CONSENT AGENDA 2. Approval of 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.) MINUTES Consider and act upon the following minutes from past Council meetings: (SJ) ■ January 13, 2004 Regular Meeting ANNEXATION ORDINANCES AND E.T.J. EXPANSION b) Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 146.407 acres, being more generally located at the southeast comer of Burlington Northern Santa Fe Railroad and SH 439. (A 2003-05, Shanahan) (SJ) c) Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the Spencer Rice Survey, Abstract No. 787, Collin County, Texas, containing 199.407 acres, being more generally located at the northwest corner of SH 289 and CR 48. (A 2003.08, Shanahan) (SJ) d) Consider and act upon an Ordinance for the voluntary annexation of a tract of land located 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 1,400+ feet north of CR 78. (A 2003-07, Blue Star Land) (SJ) e) Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract. No. 172, Collin County, Texas, containing 149.997 acres, being more generally located at the southeast comer of SH 289 and FM 1461. (A 200308, Blue Star Land) (SJ) Q Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in the J. Yarnall Survey, Abstract No. 1038, and Collin County School land Survey, Abstract No. 147, Collin County, Texas, containing Page I of 10 157.98 acres, being more generally located at the northwest corner of US 380 and SH 289. (A 2003-09, Angel Properties) (SJ) g) Consider and act upon adoption of an ordinance to expand the Town's extraterritorial jurisdiction to include all portions of a 182.66 acre tract, more or less, that are not presently in the Town's extraterritorial jurisdiction and are presently contiguous to the existing extraterritorial jurisdiction, as requested by the owner(s) of the property in accordance with Local Government Code Section 42.022(b). (Rudman) (DM) h) Consider and act upon adoption of an ordinance to expand the Town's extraterritorial jurisdiction to include all portions of a 519,49 acre tract, more or less, that are not presently in the Town's extraterritorial jurisdiction and are presently contiguous to the existing extraterritorial jurisdiction, as requested by the owner(s) of the property in accordance with Local Government Code Section 42.022(b). (Reynolds) (DM) ANNEXATION PETIONS i. Consider and act to accept a Petition presented by Texas Land Management, L.L.C., and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas, containing 104.483 acres of land, and being more generally located at the north side of US 380, approximately 950 feet west of FM 2478. (A 2004-08, Texas Land Management, LLC) (SJ) j. Consider and act to accept a Petition presented by Ronald P. Berlin, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the F. Wilkerson Survey, Abstract No. 1411, and J. Morton Survey, Abstract No. 793, Denton County, Texas, containing 30.000 acres of land, and being more generally located at the southeast corner of FM 1385 and Parvin Road. (A 2004-09, Ronald P. Berlin) (SJ) k. Consider and act to accept a Petition presented by Frisco Tollway Partners, LTD., and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Spencer Rice Survey, Abstract No. 787, Collin County, Texas, containing 39.133 acres of land, and being more generally located at the south side of Spur 439, 700 feet west of 5H 289. (A 2004-10, Frisco Tollway Partners, LTD) (SJ) I. Consider and act to accept a Petition presented by Prosper 80, LTD., and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 79.52 acres of land, and being more generally located at the east side of CR 49, approximately 1500 feet south of CR 5. (A 2004-11, Prosper 80, LTD) (SJ) m. Consider and act to accept a Petition presented by West Prosper 150 Investment Partners, L.T.D., Beall Legacy Partner, L.P., and The Rudman Partnership, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the L. Neatherly Survey, Abstract No. 962, J. Dorrett Survey, Abstract No. 350, and E. Hawkins Survey, Abstract No. 581, Denton County, Texas, and the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 162.39 acnes of land, and being more generally located at the northwest corner of US 380 and County Line Road. (A 2004-12, West Prosper, Beall, Rudman, (A)) (SJ) n. Consider and act to accept a Petition presented by West Prosper 150 Investment Partners, L.T.D., Beall Legacy Partner, L.P., and The Rudman Partnership, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the L. Neatherly Survey, Abstract No. 962, J. Dorrett Survey, Abstract No. 350, and E. Hawkins Survey, Abstract No. 581, Denton County, Texas, and the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 357.10 acres of land, and being more generally located at the north side of US 384, approximately 690 feet west of County Line Road. (A 2004-13, West Prosper, Beall, Rudman, (B)) (SJ) o. Consider and act to accept a Petition presented by The Rudman Partnership, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the L. Neatherly Survey, Abstract No. 962, and E. Hawkins Survey, Abstract No. 581, Denton County, Texas, containing 182.66 acres of land, Page 2 of 10 and being more generally located at the south side of Fishtrap Road, approximately 2120 feet west of County Line Road. (A 2004-14, The Rudman Partnership) (SJ) p. Consider and act to accept a Petition presented by M. Taylor Hansel, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the J. Baynes Survey, Abstract No. 625, Denton County, Texas, containing 15.000 acres of land, and being more generally located at the northeast corner of US 380 and FM 1385. (A 2004-15, M. Taylor Hansel) (SJ) q. Consider and act to accept a Petition presented by Ernest Mahard, and to set dates for two public hearings and call for a service plan for the voluntary annexation of the following tracts of land containing a total of approximately 2,141.41 acres of land as more specifically described below: (SJ) Consider and act to accept a Petition presented by Ernest Mahard, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the A. Roberts Survey, Abstract No. 1115, Denton County, Texas, containing 170.50 acres of land, and being more generally located at the south side of Parvin Road, approximately 4,650 feet east of Goodhope Road. (A 2004-16, Mahard {a}) (SJ) • Consider and act to accept a Petition presented by Ernest Mahard, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the A. Roberts Survey, Abstract No. 1115; B.L. Rue Survey, Abstract No. 1113; L. Netherly Survey, Abstract No. 962; T. Button Survey, Abstract No. 88; M.E.P. & P.R.R. Survey, Abstract No. 1476; and C. L. Smith Survey, Abstract No. 1681, Denton, Texas, containing 573.26 acres of land, and being more generally located at the northwest corner of Fields road and US 380. (A 2004-17, Mahard {b}) (SJ) • Consider and act to accept a Petition presented by Ernest Mahard, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the B. L. Rue Survey, Abstract No. 1113; M.E.P & P.R.R. Survey, Abstract No. 1476; C. L. Smith Survey, Abstract No. 1681; J.P. Bates Survey, Abstract No. 1620; and R. Yates Survey, Abstract No. 1538, Denton, Texas, containing 688.67 acres of land, and being more generally located at the southeast corner of Parvin Road and Goodhope Road. (A 2004-18, Mahard {c}) (SJ) • Consider and act to accept a Petition presented by Ernest Mahard, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the J. Sailing Survey, Abstract No. 1675; P, Barnes Survey, Abstract No. 79; A. Jamison Survey, Abstract No. 672; J. Morton Survey, Abstract No. 793; L. Rue Survey, Abstract No. 1110; P. Rue Survey, Abstract No. 1555; R. Yates Survey, Abstract No. 1.538; H. Sailing Survey, Abstract No.1628; J. Teter Survey, Abstract No.1262, Denton County, Texas, containing 488.64 acres of land and being more generally located at the northeast corner of Gee Road and US 380. (A 2004-19, Mahard {d}) (SJ) • Consider and act to accept a Petition presented by Ernest Mahard, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the P. Barnes Survey, Abstract No. 79; B.R. Hodges Survey, Abstract No. 593; A. Jamison Survey, Abstract No. 672; B. Weedon Survey, Abstract No. 1369; J. Morton Survey, Abstract No. 793; L. Rue Survey, Abstract No. 1110; H. Sailing Survey, Abstract No. 1628, Denton County, Texas, containing 220.34 acres of land and being more generally located at the north side of US 380, 3,400 feet west of Gee Road. (A 2004-20, Mahard {e}) (SJ) ACTIVITY REPORTS r. Review and discuss January 2004 Activity Reports for the following departments and committees: Administration * Police Department ■ Fire Department • Planning Department Page 3 of 10 ■ Prosper E.D.C. • Public Works • Inspections • Communications Committee • Parks and Rec Committee FINANCIALS s. Consider and act upon tate financial statements ending January 31, 2404. (AL) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to approve consent agenda. Motion accepted 5-0. COMMENTS FROM CITIZENS 3. Invitation for citizens to speak to the Council on any topic not on the agenda or not already scheduled for Public Hearing. (Please complete a "Comments from Citizens "Form and present it to the Town Secretary prior to the meeting.) There were no citizen comments. REGULAR AGENDA ORDINANCES AND RESOLUTION 4. Consider and act upon an ordinance authorizing the issuance and sale of the Town's Combination Tax and Revenue Certificates of Obligation, Series 2004 in the principal amount of $10,500,000. (DM) Doug Hartman, the Town's financial representative from First Southwest Company spoke. He stated they received four bids for the sale of the referenced certificates of obligation and the low bid came from Merrill Lynch at 4.223% interest, which is an extremely attractive interest rate for a 20 -year debt issue. Mayor Pro -Tem Michael Perry asked if these bonds could be paid off early, without penalty, and Doug Harman stated yes, as long as it is February 2014 there will be no penalty. Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to act upon an ordinance to authorize the issuance and sale of the Town's Combination Tax and Revenue Certificates of Obligation, Series 2004 in the principal amount of $10,500-000. Motion approved 5-0. Council recessed at 7:46 p.m, to sign documents for the bond. Council reconvened at 7:58 pm. DEPARTMENT ITEMS 5. Needs Assessment Study a) Presentations by the following firms regarding the preparation of a needs assessment study/Town Facilities plan: • Brinkley Sargent Architects • BN Architects • Perkins and Will 19 Presentation #1 Brinkley Sargent Architects — Dwayne Brinkley represented the firm. Has been with the firm 28 years and is a principle architect. Craig Vaughn and Jan Kirkpatrick also presented with Mr. Brinkley. Mr. Brinkley spoke regarding the following: Page 4 of 10 1) Team Strengths • 28 year old firm, over 2,000,000 square feet of needs assessments conducted, over 120 projects, they prepare the needs assessment and the design from the needs assessment, have an understanding of the process and hold bi- annual seminars, are experienced at conducting stakeholder meetings, and have worked with fast growing communities similar to Prosper. 2) Project Challenges — Strategies for providing City services for population with projected growth from 3,500 to 77,000 in 20-30 years; Provide immediate relief for Town Hall, Police, Courts, and meetings through intermediate and long term solutions; Building facilities that may be used by different departments throughout its life; Satisfying possible planning goals of commitment to Downtown presence; Utilizing existing City -owned buildings/land; Accurately projecting staffing levels that will come with population growth; Coordinating needs assessment with other studies— (ie.) Comprehensive plan, master plan, downtown study. Process to address challenges: • Evaluate existing inventory of buildings/land • Prepare needs assessment for facilities • Develop options based on available funds ■ Strategize with options on how to address interim and long term needs • Develop phasing strategy and update every 4-5 years 3) Needs Assessment Process — Two Steps a] Space Needs Assessment 4 background data and staff projections 4 departmental space needs -4 total square footage needed 3 size of facilities, conceptual plans, cost estimating and phasing schedule --> action plan and budget timeline b] Facility/Site Analysis 4 size/location, completion/renovation, dates, general condition, site size/expansion, parking, MEP systems, structural Integrity, ADA compliance, current use, applicable codes and standards � recommendations, long term viability and or alternate uses --> size of facilities, conceptual plans, cost estimating and phasing schedule 4 action plan and budget timeline. All of the above are achieved by meetings with Staff and Council. 4) Questions and Answers Mayor Charles Niswanger asked how long it would take to do a needs assessment for Prosper — Mr. Brinkley stated around 10-12 weeks. Presentation #2 BN Architects — Melissa Brand-Vokey spoke for BN Architects. She is a single person firm, has 14 years of experience working with municipal governments, started her firm to assist towns that were small, and specializes in pre -design services — so she does not actually do the architectural design and work. She has completed over 35 space needs assessments, five city wide facility studies, six recreation/aquatic studies and over 25 public safety facilities. Her Project Approach: Listen, Guide, Assemble and Present Step 1: Background Information Population Projections, Previous studies, comparable towns, questionnaires, set milestone populations, space standards Step 2: Meet with each department First with dept. heads, then with rest of department staff Step 3: Audit Buildings and Sites Audit current facilities, identify potential site requirements, and review potential sites Page 5 of 10 Step 4: Preliminary Space Needs Staffing levels translate to space needs — look at each dept. separately; Quality of Life Facilities — what makes for a good quality of life with space? Step 5: Compare to Similar Towns Compare square foot per thousand population Step f: Priorities Identified Presentation of the findings, public input on quality of life facilities, priorities identified Step 7: Options for Development Theories of providing service, look at domino effect of space needs, interim and permanent options and look at budget options Step 8: Prepare Facilities Master Plan Step 9: Prepare Complete Budgets Should have TOTAL PROJECT budget, to include such things as land cast, construction cost, furniture, fixtures, and equipment, indirect costs (fees & reimbursable costs), contingencies, and escalation for inflation to mid point of construction. Step f 0: Final Report Includes Executive Summary, background and staffing, facility/site inventories, space needs for each department, facility master plan and timeline, and complete budgets for each project. Available Resources: Computer, projector and printers, database of city budgets and facilities, personal experience, network of consultants and current and former Town employees information; can start immediately; can meet Town's schedule. Mayor Pro -Tem Michael Perry asked how long she thought a study like this SHOULD take with anyone. She stated that for a Town the size of Prosper, probably three months. He also asked what happens if something were to happen to her since she is a one person show. She stated that it is a risk, and for this reason she generally does not go after RFPs, but that in all reality most firms assign something like this to just one person anyway. Presentation #3 Perkins and Will — Phil Callison, Principle with Perkins and Will spoke. He stated that they have enjoyed meeting with Judy Rucker as well as some members of the Council to learn about Prosper's history. He would like to discuss the following during his presentation: Firm Qualifications — established over 70 years ago to serve local communities in civic and public projects. There are over 700 employees nationwide; they retain 90% clientele, possess in-house expertise to include architecture, interior design, historic preservation, and much more. They have resources in offices nationwide in the corporate, civic, commercial, educational and healthcare facilities. They partner with school districts, cities, park districts and library boards. Team includes Gordon Gilmore — Senior Facilities Planner; Chris Powers — Facilities Planner; and Carol Cumbie — Interiors Planner — all who were present for the presentation. Firm Experience— They have experience in the following building types: City Halls and Town Centers, Libraries, Senior Facilities, Public Safety, Parks and Recreation Facilities, Public Works, Animal Shelters, Municipal Needs Assessments and Planning. They are familiar with trends and population growth in Collin County, and can do whole or partial needs facilities. Project (Understanding — Space needs, budgets and timelines, long term planning and needs, as well as immediate needs and enhanced planning objectives. Page 6 of 10 The Process: • Research (1 day)4 Historical Analysis, Review Comprehensive Plan, Preliminary Site Review • Project Initiation (1 day)4 Project initiation meeting and vision session • Facility Analysis (1 day) 4 Data collection and analysis, site and existing facilities analysis • Facility needs assessment (12 days) 3 This is the main part of determining needs for the future, current through build out. It involves program development, analysis of facility needs/space utilization plans and priority needs • Site Analysis (10 days) --> Develop site selection criteria, evaluate potential sites, and develop shortlist of sites Preliminary Budget Development (4 days) 4 Develop preliminary budget in three categories, then break it down to analyze construction, furniture, equipment, parking, landscaping, professional fees and survey and testing • Facility Master Plan Concepts (5 days) � • Final Facilities Master plan (5 days) 4 Development of facilities master plan concept, final budget, etc. b) Discuss and act upon the selection of a preferred and secondary firm to negotiate with regarding the preparation of a needs assessment study/facilities plan for the Town. (DM) Mayor Pro -Tem Michael Perry wanted to know what the Town Administrator's thoughts were on the firms who just did presentations. Doug stated that Brinkley Sargents has vast architectural experience. He thinks that BN Architects is perfectly capable, although only one person, and he likes that there is no ulterior motive in the architectural realm. Mr. Mouse] believes Perkins and Will was integral in getting Prosper where it is today, that they have vast knowledge and experience and can offer everything Prosper needs. Lisa Dritschler feels that Perkins and Will should be the primary firm. She stated that they are the only ones that mentioned branded needs per individual cities and towns. They are the only ones that mentioned websites for citizens and they offered the most help in site selections. Additionally, they stressed holding onto Prospers identity throughout the entire process. Her secondary selection would be Brinkley Sargents. Ane Casady believes Perkins and Will can best identify our needs, and didn't feel as though the other two firms had done as muc research. Mayor Pro -Tem Michael Perry would select BN Architects, he likes that she is a specialist in what is being done. He would go with BN as primary, Perkins and Will as secondary — they clearly have the resources and they clearly know what they are doing. Karie Dalton thought they were all impressive, but felt Perkins and Will should be the primary, and Brinkley should be secondary. Mayor Charles Niswanger chose Perkins and Will as primary, and Brinkley as secondary. Motioned by Lisa Dritschler, seconded by Ane Casady to select Perkins and Will as the preferred firm for the Town of Prosper needs assessment study, and Brinkley and Sargent as the secondary firm. Motion approved 4-1. Mayor Pro -Tem Michael Perry opposed. PUBLIC HEARINGS 6. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 204.775 acres of land, and being more generally located at the northwest corner of CR 27 and US 380. (A 2004-01, MAHG Partnership) (SJ) Motioned by Mayor Pro Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion carried 5-0. fh Mayor Charles Niswanger opened the public hearing at 9:57p.m. Jimmy Schnurr, 5500 Renaissance Tower, Dallas, TX. stated that he is the applicant and would be happy to answer any question: the Council may have. There was no discussion on this public hearing. Page 7 of 10 Motioned by Mayor Pro Tem Michael Perry, seconded by Ane Casady to close the public hearing. Motion carried 5-0, Mayor Charles Niswanger closed the public hearing at 9:58 p.m. 7. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No, 147, Collin County, Texas, containing 71.914 acres of land, and being more generally located at the northeast corner of CR 49 and CR 4. (A 2004-02, Prosper-Tollroad/Joint Ventures, LTD) (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 9:58 p.m. Scott Norris, 4255 Kellway, Addison, 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 public 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 9:58 p.m. 8. Presentation of Service Pian and First Public Hearing to consider the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 125.58 acres of land, and being more generally located at the south side of CR 4, approximately 1,002 feet west of CR 27. ( A 2004-03, Prosper Joint Venture, LTD) (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 9:59 p.m. There was no discussion on this public hearing. Motioned by Mayor Pro Tem Michael Perry, seconded by Ane Casady to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 9:59 p.m. 9. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 172, Collin County, Texas, containing 130.45 acres of land, and being more generally located at the northwest corner of CR 27 and CR 3. (A 200404, Prosper Joint Venture, LTD) (SJ) Motioned by Mayor Pro Tem Michael Perry, seconded by Ane Casady to open the public hearing. Motion carried 5.0. Mayor Charles Niswanger opened the public hearing at 10:00 p,m. There was no discussion on this public hearing. Motioned by Mayor Pro Tem Michael Perry, seconded by Lisa Dritschler to close the public hearing, Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 10:00 p.m. 10. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the William H. Thomason Survey, Abstract No. 895, Collin County, Texas, containing 17.2988 acres of land, and being more generally located at the northeast corner of CR 80 and CR 79. (A 2004-05, Ronald P, Barlow) (SJ) Motioned by Mayor Pro Tem Michael Perry, seconded by Karie Dalton to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 10:01 p.m. John Rose, 4215 Walnut Lane, 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 public hearing. Motioned by Mayor Pro Tem Michael Perry, seconded by Ane Casady to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 10:01 p.m. Pagc 8 of 10 11. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the William Butler Survey, Abstract No. 112, Collin County, Texas, containing 139.90 acres of land, and being more generally located at the northwest corner of CR 80 and CR 78. (A 2004-06, Sexton, Farms, LTD) (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 10:02 p.m. There was no discussion on this public hearing Motioned by Mayor Pro Tem Michael Perry, seconded by Ane Casady to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 10:02 p.m. 12. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Ed Bradley Survey, Abstract No. 86, Collin County, Texas, containing 41.166 acres of land, and being more generally located at the northeast corner of CR 73 and US 380. (A 2004-07, Carol Tung Tsai) (SJ) Motioned by Mayor Pro Tem Michael Perry, seconded by Lisa Dritschler to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 10°02 p.m. Jimmy Schnurr, 5500 Renaissance Tower, 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 public hearing. Motioned by Mayor Pro Tem Michael Perry, seconded by Karie Dalton to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 10.03 p.m. 13. Public Hearing, Zoning Case #Z03-6 Consider and act upon a request to rezone 17.3* acres at the northeast corner of C. R. 80 and C. R. 78 from Single Famiily-1 to Retail. (MH) Motioned by Mayor Pro Tem Michael Perry, seconded by Ane Casady to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 10:04 p.m. John Rose, 4215 Walnut Lane, Dallas, TX spoke for the developers and stated they view this as a grocery store site. 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 14:09 p.m. Motioned by Lisa Dritschler, seconded by Ane Casady to approve rezoning 17.3 + acres at the northeast corner of CR 80 and CR 78 from Single Family -1 to Retail. Motion approved 5-0. CONTRACTS AND AGREEMENTS 14. 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) Lisa Dritschler asked if there was any parking around the Town lake area. Michael Beatty spoke and said no, not in the first phase. Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to approve the amendment to the development agreement between the Town and Tuscany Partners, LP regarding the Whispering Farms development and correct the address on the agreement prior to approval. Motion approved 4-1. Ane Casady opposed. Page 9 of 10 L� s 15. Discuss recent and upcoming activities of the Mayor and Town Administrator. (DM) Mayor Charles INiswanger and Doug Mousel briefly discussed their calendars for the past two weeks. 16. Discuss and possibly direct Town Staff to place items on future agendas. Lisa Dritschler requested that Council discuss the establishment of a junior city council for the upcoming year on one of the future agendas. Ane Casady wants to discuss code enforcement and inoperable cars lying in yards around the town. 17. Adjourn. Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to adjourn. Motion approved 5-0. Meeting was adjourned at 10:30. Attest; 1 Shanae Jenningst,46wn Secretary Page 10 of 10 ares Ni nger, "(5r,