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02.24.2004 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, February 24, 20041:00 p.m. Town Of Prosper 1. Call to Order/ Roll Call. Meeting was called to order at 7:24 p.m. Roll 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; Town Secretary, Shanae Jennings. Others in attendance: Doug Hartman, First Southwest Financial Advisor, Richard Abernathy, Town Attorney; CONSENT AGENDA 2. Approval of Consent Agenda. (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversiaf. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any herr+ for discussion and separate action. Council members may vote nay on any single item wiihout comment and may submit written commends as part of the official record.) a. Consider and act upon approving a Resolution ordering a General Election to be Feld on May 15, 2444 for the purpose of electing three members, Place 3, Place 4 and Place 5, to the Town of Prosper Town Council to till expired terms. (SJ) b. Consider and act upon a lease agreement between the Town and Panaband, LLP regarding the placement of antennas and related equipment on the Town's water tower sites and authorize the Mayor to execute the same. (DM) c. Consider and act upon a least agreement between the flown and T -Mobile regarding the placement of antennas and related equipment on a Town's water tower site and authorize the Mayor to execute the same. (13M) d. Consider and act on a site plan and final plat of Prosper Town Center, Phase 1, Block A, Lots 2 & 3, being a bank and a retail building on two lots on 2.3 + acres on the east side of S.H. 289 (Preston Road) at F.M. 1193 (Broadway Street). (MH) e. Consider and act on a final plat for Chapei dull, being 947 Planned Development -Single Family -2 lots on 42.4 + acres on the north side of C.R. 78, 844 + feet east of C.R. 77. (MH) Applicant of item 2d requested that item 2d be removed from consent agenda and placed on the regular agenda for discussion. The applicant making this request is Tom Clark, 4601 Langland, Farmers Branch, TX — He stated that the light at Broadway (item 15) is critical to his development and he would like to discuss his agenda item, which is currently listed as consent agenda item 2d after the light at Broadway is discussed. Page i of 7 Motioned by Russell Kaker, seconded by Karie Dalton to approve consent agenda, subject to removal of item 2d at the applicant's request, and move it between items 15 and 16, and subject to acceptance of item 2e with staff recommendations. Motion approved 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 PRESENTATIONS 4. Presentation by Prosper resident Sally Hoimburg and discussion of a request to include an animal shelter in the needs assessment study. (SJ) Sally Holmburg, 1506 Riverhill, Prosper, TX. — She asked that Council consider an animal shelter for future services be included in the needs assessment study. Sally discussed how other cities our size have built animal shelters and she would lake the Town to consider the needs that Prosper will have regarding animals as we begin to grow. She urged that the SPCA has done a good job working with us, but that their resources will be taxed in the future, and the Town needs to be responsible for their own shelter. She requested that it be made part of the needs assessment being done for the Town, and presented a power point presentation to support her request. Lisa Dritschler stated that she would like to include an animal shelter in the needs assessment study. Doug Mousel stated that Perkins and Will is going to assess what a Town our size needs in their preliminary recommendation of the needs assessment, and that recommendation will be made to us in the near future. ORDINANCES AND RESOLUTIONS 5. Consider and act upon a Resolution authorizing and directing the execution of the Town of Prosper Trinity East Fork Regional Wastewater System Contract with North Texas Municipal Water District and a Resolution authorizing and directing the execution of the North Texas Municipal Water District Upper East Fork Wastewater Interceptor System supplemental contract (Town of Prosper, Texas) with North Texas Municipal Water District and providing for the effect of said resolution and contracts. (DM) Motioned by Lisa Dritschler, seconded by Russell Kaker to approve the resolution authorizing the direct execution of the Interceptor System Contract and Regional Wastewater System Contract between the Town and the North Texas Municipal Wafer District (NTMWD). Motion approved 5-0. CONTRACTS AND AGREEMENTS 6. Consider and act upon a contract between the Town of Prosper and Hubbard Communications, Inc. regarding the provision of a telecommunication audit and authorize the Mayor to execute the same, (DM) Jerry Hubbard, 1021 St. James Drive, Fairview, TX — He represents Hubbard Communications and finds ways to help cities save money through audits of telecommunications services being offered to the Town. His company reviews all telecommunications services provided to the Town, and the Town does not pay him for his services unless he finds ways to save on Town telecommunication services. If he finds a way to save the Town on their services, Hubbard Communications then takes half of what he saves the Town. While he recommends services and changes, the Town is not under obligation to take him up on his recommendations. Page 2 of 7 Motioned by Lisa Dritschler, seconded by Russell Kaker to approve the contract between the Town and Hubbard Communications subject to review of the contract by Town's legal counsel. Motion approved 5-0. PUBLIC HEARINGS 7. 2nd Public Hearing to consider the proposed 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 Russell Kaker, seconded by Ane Casady to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 7:46p.m. There was no discussion on this public hearing. Motioned by Russell Kaker, seconded by Ane Casady to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 7:46 p.m. 8. 2nd Public Hearing to consider the proposed 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 Russell Kaker, seconded by Ane Casady to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 7:47 p.m. There was no discussion on this public hearing. Motioned by Russell Kaker, seconded by Ane Casady to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 7:47 p.m. 9. 2nd Public Hearing to consider the proposed 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 Russell Kaker, seconded by Karie Dalton to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 7:48 p.m. There was no discussion on this public hearing. Motioned by Russell Kaker, seconded by Karie Dalton to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 7:48 p.m. 10. 2nd Public Hearing to consider the proposed 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 2004-04, Prosper Joint Venture, LTD) (SJ) Motioned by Russell Kaker, seconded by Ane Casady to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 7:48 p.m. There was no discussion on this public hearing. Motioned by Russell Kaker, seconded by Ane Casady to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 7:49 p.m. Page 3 of 7 10 11. 2nd Public Hearing to consider the proposed 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 46 located at the northeast corner of CR 80 and CR 79. (A 2004-05, Ronald P. Berlin) (SJ) Motioned by Ane Casady, seconded by Lisa Dritschler to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 7:49 p.m. There was no discussion on this public hearing. Motioned by Russell Kaker, seconded by Ane Casady to close the public hearing. Motion carried 5-0. Mayor Charges Niswanger closed the public hearing at 7:50 p.m. 12. 2nd Public Hearing to consider the proposed 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 Karie Dalton, seconded by Russell Kaker to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 7:51 p.m. There was no discussion on this public hearing. Motioned by Karie Dalton, seconded by Lisa Dritschler to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 7:51 p.m. 13. 2nd Public Hearing to consider the proposed 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 Ane Casady, seconded by Russell Kaker to open the public hearing. Motion carried 5-0. Mayor Charles Niswanger opened the public hearing at 7:52 p.m. There was no discussion on this public hearing. Motioned by Russell Maker, seconded by Ane Casady to close the public hearing. Motion carried 5-0. Mayor Charles Niswanger closed the public hearing at 7:52 p.m. DEPARTMENT ITEMS 14. Discuss and provide direction to Town Staff regarding the process of receiving applications for the performance of depository services to the Town. (DM) Doug Mousel stated that many banks outside of the Prosper area require courier services, but they require them at a very high cost. If we did not utilize the courier services then an employee would have to take time out of the day to run depository services back and forth twice a day. Based on this, Doug Mousel recommends that Council exclude issuing applications for performance of depository services within a 15 mile radius that had been discussed in the past, and only consider entertaining the idea of receiving applications for the performance of depository services with the two banks that exist in Prosper. Council concurred with Mr. Mousel's recommendation. 15. Discuss and provide direction to Town Staff regarding potential traffic signal locations on SH 289 (Preston Road) at the intersections of CR 78 (East First Street) and FM 1193 (Broadway). (DM) Mayor Charles Niswanger stated that Council has fought for over a year to get a light at Broadway Street, and that studies have been conducted at Broadway for several years now in order to try and justify this. The Mayor would like for the light to stay at Page 4 of 7 Broadway Street because he does not feel it is warranted at First Street right now. He does not generally go against staff opinion, but on this recommendation he feels he needs to.. Doug Mousel stated that traffic signals are generally placed a mile apart. TOOT has indicated we will not get a signal at both First Street and Broadway. Doug feels that the light at First Street serves the purpose of stopping traffic flow coming from two different directions, and it maintains traffic flow in the neighborhoods, at the new Fire Station, and other areas. Lisa Dritschler stated that she feels the entire purpose of a red light is to provide safety to residents. A light at First Street will provide a better flow of traffic and make the entire area safer. She feels a light at First Street serves a safety purpose for the elementary school, La Cima and other residential neighborhoods, and for the new Fire Department - in which the red light will be invaluable on emergency calls. Mitch Humble, Director of Planning spoke to TOOT and they suggested that if we move the light to First Street a new traffic study will need to be conducted. There is no set time frame, but likely it would take a few months. Tom Clark, 4601 Langland, Farmers Branch, TX spoke. He is developing Prosper Town Center and they have relied on Broadway having a light. He said that Sonic and American Bank have planned to move into the Prosper Town Center and that both have purchased lots from Mr. Clark, and made a commitment based on the idea that a light will be at Broadway. He believes that TOOT will approve an additional light at First Street at a later date because Prosper will be able to warrant the light. He is concerned that they are in for final plat tonight and at the eleventh hour the Town wants to change where the light goes. Mayor Pro -Tem Michael Perry asked if Tom Clark would be willing to fund a portion of the light at First Street if Council goes forward with the light on Broadway now, and First Street later. Mr. Clark stated that they would be happy to do their part and contribute to the funding of the light. John Harris, 4601 Langland, Farmers Branch, TX spoke. He is Partner's with Tom Clark. He stated that he has spoken to Joe Hickman, who represents Blue Star Land — who is the landowners on the southeast and southwest corners of First and Preston. He suggested Mr. Hickman said that they would help get the light at First Street at a later date. Lisa Dritschler stated that there are several areas in Frisco where there are no median turns to commercial properties such as Sonic on Preston, or entrances to businesses such as certain banks, much less a light, and they still function. She implored them to look at the Master plan and recognize that our major thoroughfare right now and in the future is First Street. Mr. Lightfoot from Sonic spoke and said they are working to have their final plat to be submitted in March. He stated that Sonic's which have no lights for patrons to turn at are considered "B" locations, and that they do not make as much money as those that do have lights. Sally Holmburg spoke and said that she knows this is a really tough situation, and she is aware the Town Center owners have invested a lot into their development; however, she is in favor of the light being at First Street because of how dangerous it is to turn onto Preston. She believes that those who own homes east of Preston would really like the light at First Street as well. She is concerned that TOOT will not commit two lights at the close proximity of Broadway and First Street, and that it we don't put it at First Street now, Prosper won't ever get one there. Wes Shelton from American Bank spoke and stated that they wiil be adding to the tax base by about 1.6 million dollars and they are disappointed with the idea that Council is considering changing the location of this light. The hard corner is what was represented to them when they bought the lot, and although Council's do not put up lights for businesses convenience, businesses do buy land at locations based on information such as traffic lights. They happen to be one of the businesses that did by based in large part on the fact that a light would be at Broadway, and he urges the Council to keep the light where they originally committed it. Ane Casady would like to wait to get the traffic count done at First Street to find out what the traffic is like before we move forward. She wants lights at both intersections, but she feels we need to do what is best for the residents. Lisa Dritschler is a proponent of lights at both streets, but feels that the light at First Street is an immediate need. She would agree Page 5 of 7 to a light at Broadway if the owners of the four corners at First Street would agree to pay for the light at First Street. She does not want the Town to have to pay for a light in the future at First Street when she thinks we can get it for free now. Karie Dalton thinks that we have to have two lights, but that we need to go forward with the light at Broadway right now as originally planned. Russell Kaker agrees with Karie Dalton and the others who believe we need lights at First Street and Broadway, but feels that because we are set to begin with the light at Broadway right now, we should go ahead and move forward with that light. We can move forward with the light at First Street later. Mayor Pro -Tem Michael Perry said that if we weren't where we are today regarding our position of attaining a light at Broadway that the light should go at First Street, but that because we have fought for six or seven years to get a light at Broadway, we need to go forward with that light. Doug Mousel stated that based on what Council is saying at this point, we will call TOOT and tell them to put the light at Broadway. Council will now act on item 2d, which was pulled from the consent agenda at the request of the applicant. d. Consider and act on a site plan and final plat of Prosper Town Center, Phase 1, Block A, Lots 2 & 3, being a bank and a retail building on two lots on 2.3 + acres on the east side of S.H. 289 (Preston Road) at F.M. 1193 (Broadway Street). (MH) Motioned by Russell Kaker, seconded by Ane Casady to approve the site plan and final plat of Prosper Town Center, Phase 1, Block A, Lots 2 & 3, being a bank and a retail building on two lots, subject to staff recommendations which include TOOT approval of the driveway location and specifications, staff approval of landscape and fagade plans, and final acceptance of Lot 1 to provide the required two points of access. Motion approved 5-0. 16. Discuss and act upon a remediation agreement between the Town and Peachtree Construction, Ltd. regarding the repair of C.R. 78 (East First Street). (DM) Motioned by Lisa Dritschler, seconded by Russell Kaker to defer this item until the next council meeting on March 9, 2004. Motion approved 5-0. 17. Discuss the Town's code enforcement services. (DM) Ane Casady would like Town Staff to be more aggressive in taking care of code enforcement issues that are readily apparent to the visible eye. Doug Mousel stated that code enforcement items are prioritized on a reactive, as opposed to a proactive response right now, as we do not have the man power to provide a reactive response. However, the Town will respond to specific requests in a timely fashion. Mr. Mousel hopes at a later date that the Town will have the manpower to be more proactive. 18. Discuss and provide direction to staff regarding an amendment to the Sign Code to include design criteria and standards for directional signs. (MH) Mitch presented several options for directional signs and suggested Council select a look to go with. Mitch Humble recommended going with the double poled signs. Council liked the double pole signs made of cedar that had panels and iron rods. Council also liked the cedar sign that had brass knobs. 19. Consider and act upon a request to participate in the cost for the improvement of a road serving the Hickory Creek subdivision. (DM) Mayor Charles Niswanger would like to provide improvements to the road serving Hickory Creek subdivision; he feels we own part of it and we should maintain our part in cooperation with the others who want to maintain their part. This is not a Town road, but it is owned by land owners and partially by the Town. Ane Casady feels that other streets in Town need to be looked at just the same Page 6 of 7 • • as this street for repairs before we jump out and start repairing streets without prioritizing them. Lisa Dritschler feels to repair this road will increase the property value. The town would pay for a fourth of the repairs. Motioned by Lisa Dritschler, seconded by Karie Dalton to participate in the cost for improvement of a road serving the Hickory Creek subdivision, subject to dedication of an access easement. Motion failed 2-3. Mayor Pro -Tem Michael Perry, Russell Kaker and Ane Casady voted against the request to participate. Lisa Dritschler and Karie Dalton voted In favor. Russell Kaker doesn't want to deny the request all together and say we won't help at all, and he does advocate filling potholes, but not overlaying the entire road. He would like us to look at other alternatives if we deny it. Motioned by Russell Kaker, seconded by Ane Casady to deny Town participation in the road improvements for the road serving Hickory Creek subdivision. Motion approved 3-2. Lisa Dritschler and Karie Dalton voted against denial. 20. Discuss and possibly direct Town Staff to place items on future agendas. Ane Casady would like the Town to discuss ADA issues relating to the portable building behind Town Hall. Ane Casady would like to discuss or study benefits available to emergency services regarding disability specifically, and a benefit analysis in general. 21. Recess into Close Session in compliance with Section 551 et Seq. Texas Government Code to wit Sec. 551.074 to deliberate the employment of a public officer or employee. Council recessed into closed session in compliance with Section 551 of the Texas Government Code at 10:03 p.m. 22. Reconvene into regular session and take any action necessary as a result of the closed session. Council reconvened into regular session at 10:22 p.m. 23. Adjourn. Motioned by Ane Casady, seconded by Russell Kaker to adjourn the meeting. Motion approved 5-0. Meeting was adjourned at 10:22 p.m. Attest: Shanae Jenning ow�Secre Charles Ni anger, r Page 7of7