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03.23.2004 Town Council MinutesP� Minutes (approved) Regular Session of the Prosper Town Council 601 South Church Street Prosper First Baptist Church Children's Building (S. Wing) Tuesday, March 23, 2004 630 p.m. Town Of Prosper I. Call to Order/ Roll Call. Meeting was called to order at 6:.35 p.m. Roll call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Michael Peng, Ane Casady, and Lisa ❑ritschler. Kade Dalton was absent. Russell Kaker arrived at 6:44 p.m. Staff present included: Town Administrator, Doug Mousel; Police Chief, Kirk McFarlin, Fire Chief, Ronnie Tucker, Director of Planning, Mitch Humble; Town Secretary, Shanae Jennings 2. Recess into Closed Session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.071. Consultation with City Attorney regarding: (a) legal aspects and responsibility of street lighting costs in subdivisions; (b) legal aspects of impact fees Council convened into executive session at 6:36 p.m. Russell Kaker arrived at 6:44 p.m. 3. Reconvene into regular session and take any action necessary as a result of the closed session. Council reconvened into regular session at 7:17 p.m. No action was necessary as a result of the executive session. CONSENT AGENDA 4. Approval of Consent Agenda. (items planed 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 a. Consider and act upon the following minutes from past Council meetings: (SJ) • January 31, 2004 Work Session ■ February 24, 2004 Regular Meeting • March 9, 2004 Work Session • March 9, 2004 Regular Meeting FINANCIALS b. Consider and act upon the financial statements ending February 29, 2004. (AL) Motioned by Russell Kaker, seconded by Mayor Pro -Tem Michael Perry to approve the consent agenda with no modifications made to the prior minutes, and acceptance of the financials as presented. Motion approved 4-0. Page I of 7 PUBLIC COMMENTS 5. Comments from the Public - 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. Wendy Rickert, 1821 Hidden Falls Court, Prosper — She is concerned about the red light that is set to be installed at Broadway Street and would like to see it installed at E. First Street for safety issues. She read a letter from the Executive Director of TxDot which she believes supports the idea that a light should be placed at E. First Street instead of at Broadway. Sally Holmburg,1506 River Hill, Prosper, TX — She spoke regarding correspondence she received from the Executive Director of TxDot which she also believes supports the idea of a light at E. First Street. She also stated that she believes the light should be moved to E. First Street. Jeff Burandt, 1540 Gentle Way, Prosper, TX. — He spoke regarding the light at E. First Street and Broadway, and would like to see the light at Broadway. He feels like the residents are encouraging this Town to grow and should not be playing games with TxDot when they have finally agreed to put a light at Preston and Broadway. Ted Kirksey, 1621 Hidden Bluff Court, Prosper, TX — He is new in Town and was surprised to see that Council is putting the light at Broadway instead of E. First Street. He thinks one of the major issues pertaining to safety surrounds the Fire Station, and he can't believe the Council would not put a light where it would benefit the safety of the Town the most. Deanne Glasser, 1011 Willow Gate, Prosper, TX — She would like to see the Council look into getting an emergency siren for emergency situations since the one the Town has is not very functional. Scott Rose, 921 Willow ate Drive, Prosper, TX - He believes that for the safety of the residents who live to the East side of Preston and g p E. First Street that Council should reconsider putting the light at First Street instead of Broadway. REGULAR AGENDA PUBLIC HEARINGS 6. 2nd Public Hearing to consider 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) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:44 p.m. 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 approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:45 p.m. 7. 2nd Public Hearing to consider the voluntary annexation of a tract of land located in the F. Wilkerson Survey, Abstract No. 1411, and J. Morton Surrey, 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) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:45 p.m, There was no discussion on this public hearing. Page 2 of 7 Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:45 p.m. 8. 2nd Public Hearing to consider 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, 704 feet west of SH 289. (A 2004-10, Frisco Tollway Partners, LTD) (SJ) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:45 p.m. 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 approved 4.0. Mayor Charles Niswanger closed the public hearing at 7:46 p.m. 9. 2nd 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 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) Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:46 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 approved 4.0. Mayor Charles Niswanger closed the public hearing at 7:46 p.m. 10. 2nd Public Hearing to consider the voluntary annexation of a tract of land located in the L. Netherly 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 acres 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)) (Si) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:47 p.m. 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 approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:47 p.m. 11. 2nd Public Hearing to consider the voluntary annexation of a tract of land located in the L. Netherly 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 380, approximately 690 feet west of County Line Road. {A 2004-13, West Prosper, Beall, Rudman, {Bj) (SJ) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion approved 4.0. Mayor Charles Niswanger opened the public hearing at 7.47 p.m. 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 approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:47 p.m. Page 3 of 7 12, 2nd Public Hearing to consider the voluntary annexation of a tract of land located in the L. Netherly Survey, Abstract No. 962, and E. Hawkins Survey, Abstract No. 581, Denton County, Texas, containing 182.66 acres of land, and being more generally located at the south side of Fishtrap Road, approximately 2,120 feet west of County Line Road. (A 2004-14, The Rudman Partnership) (SJ) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:48 p.m. 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 approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:48 p.m. 13. 2nd Public Hearing to consider the voluntary annexation of a tract of land located in the J. Haynes Survey, Abstract No. 625, Denton County, Texas, containing 15.808 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) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:49 p.m. 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 approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:49 p.m. 14. 2nd Public Hearing to consider the voluntary annexation of the following tracts of land containing a total of approximately 2,110.88 acres of land as more specifically described below. (SJ) a. 2nd Public Hearing to consider the voluntary annexation of a tract of land located in the A. Roberts Survey, Abstract No. 1115, Denton County, Texas, containing approximately 168.06 acres of land, and being more generally located at the south side of Parvin Road, approximately 4,660 feet east of Goodhope Road. (A 2004-16, Mahard (a)) (SJ) b. 2nd Public Hearing to consider 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 approximately 556.28 acres of land, and being more generally located at the northwest corner of Fields road and US 380. (A 2004-17, Mahard (b)) (SJ) c. 2nd Public Hearing to consider 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; R. Yates Survey, Abstract No. 1538, and L. Netherly Survey, Abstract No. 962, Denton, Texas, containing approximately 657.21 acres of land, and being more generally located at the southeast corner of Parvin Road and Goodhope Road. (A 2004-18, Mahard {c)) (SJ) d. 2nd Public Hearing to consider 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. 1538; H. Sailing Survey, Abstract No. 1628; J. Teter Survey, Abstract No. 1262, Denton County, Texas, containing approximately 542,42 acres of land and being more generally located at the northeast corner of Gee Road and US 380. (A 2004-19, Mahard {d)) (SJ) e. 2nd Public Hearing to consider 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 Page 4 of 7 County, Texas, containing approximately 186.51 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 Je)) (SJ) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:49 p.m. 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 approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:50 p.m. 15. Consider and act on a request to rezone 31.4+ acres at the southeast corner of F.M. 1385 and Parvin Road from Single- Family -1 to Retail. (Z04-1) {MH) Mitch Humble spoke and stated that this is an annexation item that is currently in the works. The request complies with future land use plans and the applicant has submitted a waiver of services since there will be no water and sewer infrastructure out to this area at the time of annexation and zoning. Motioned by Russell Kaker, seconded by Lisa Dritschler to table this item to the April 13, 2004 Town Council meeting. Motion approved 4-0. 16. Consider and act on a request to rezone 2,110.9± acres located at the northwest corner of U.S. 380 and Fields Road from Single Family -1 to Planned development -Mixed Use. (Z04-6) (MH) Craig Curry spoke, 10950 Research Road, Frisco, Texas -- He stated that he would like to get direction from Council on a timeline for zoning in regards to the Mahard annexation. He stated they are looking to add some items to their proposed zoning, and wanted to point out that just because most cities want large lots that it does not dictate quality development. Mr. Curry asked Council to give thought to various lot sizes, landscaping requirements, and increasing masonry requirements. Mayor Pro -Tem Michael Perry and Lisa Dritschler asked that Mr. Curry speak with the Prosper Independent School District as well as the Parks and Recreation Board prior to moving forward with the zoning. Lisa Dritschler feels that minimum lot sizes of 5,500 square feet are extremely small and would like to see the lots increased. Mr. Curry said that he would have to speak with Mr. Mahard about it because he could not be here tonight, but he did reassure them they would work on percentages of lot sizes with the Town which would be a good compromise. Mayor Charles Niswanger asked Council to give Mr. Curry some direction on what they would like. Russell Kaker stated that he would like to see the 7,400 square foot lot minimum increased. He would also like them to look at some of this land for a school. Mayor Pro -Tem Michael Perry said that it is hard for him to tell what all Mr. Curry wants with such a broad general plan. The lot sizes are just too small for Council to consider. He understands part of this is a negotiation issue, but that to work with the Town you must work on the lot sizes to make them right and consistent with the rest of the Town. Mitch Humble asked Council to give Mr. Curry a good idea of what isn't too small and what would be a good direction. Lisa Dritschler would like to see building materials for masonry increase, revisit the 7% open space issue, larger width in lot sizes, and increase the distance on the landscape buffer to be in accordance with the subdivision ordinance. +� Ane Casady would like to see Mr. Curry speak to the school district and to bring back something more visual to the Council so that what they are presenting is more clearly shown. She added that she doesn't like the small lot sizes being presented either. Mr. Curry said that they are not trying to get out of doing larger lots and they would look to see what they can do to work with the Town. Paste 5 of 7 Mayor Charles Niswanger asked that they table this item so that Staff and Mr. Curry can work on it. Motioned by Lisa Dritschler, seconded by Russell Kaker to table this item to the April 13, 2004 meeting date. Motion approved 4-0. 17. Consider and act on a request to rezone 702.2+ acres located at the northwest corner of the Denton/Collin County line and US 380 from Single Family -1 to Planned Development -Mixed Use (Z04-7) (MH) Mitch Humble stated that zoning of this item is governed by the Reynolds property regarding the single family portion of this property, but there is approximately 51 acres that is not governed by the Reynolds agreement. Craig Curry spoke, 10950 Research Road, Frisco, Texas — He represents the applicant. He suggested that he is working with Town Staff to get zoning for this item resolved. Council again recommended that Mr. Curry speak with the School District as well as the Park and Recreation Board before proceeding forward with zoning decisions. Motioned by Lisa Dritschler, seconded by Ane Casady to table this item to the April 13, 2004 meeting date. Motion approved 4-0. CONTRACTS AND AGREEMENTS 18. Consider and act upon approval of a facilities joint use agreement between the Town and the Prosper Independent School District regarding athletic fields to be constructed at the Prosper Elementary School site and adoption of a resolution authorizing the Mayor to execute the same. (MH) Doug Mouse[ and Mitch Humble met with the school superintendent Drew Watkins and Mr. Watkins stated that their main concern was Ito have priority use of the athletic fields during school hours, not at all times. 0 Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to approve a facilities joint use agreement between the Town and the Prosper Independent School District regarding athletic fields to be constructed at the Prosper Elementary School site and adoption of a resolution authorizing the Mayor to execute the same. Motion approved 4-0. DEPARTMENT ITEMS 19. Consider and act upon the purchase of rescue tools for the Prosper Fire Department and authorize the Fire Chief to do the same.. (RT) Ane Casady asked why there were not three bids received by the Town for the rescue tools. Doug Mousel stated that HGAC goes out and gets the bids. Additionally, there is only one distributor of this equipment in Texas which matches the equipment that the Fire Department currently utilizes. Lisa Dritschler and Ane Casady both asked what the additional money originally allocated for this equipment would be used for since the grant is saving them money. They wanted to know if the overtures would go somewhere else in the Fire Department or would it go to the general fund? Doug Mousel stated that the money is budgeted in the general fund, and the money savings does not authorize the Fire Department to go and buy new toys or equipment. Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to approve the purchase of rescue tools for the Prosper Fire Department and authorize the Fire Chief to do the same. Motion approved 4-0. 20. Consider and act upon approval of a resolution establishing an employee recognition program and authorize the Mayor to execute the same. (DM) Motioned by Mayor Pro -Tem Michael Perry, seconded by Russell Kaker to approve a resolution establishing an employee recognition program and authorize the Mayor to execute the same. Motion approved 3-2. Page 0 or 7 Lisa Dritschler and Ane Casady voted against the motion. Lisa Dritschler stated she is in complete and total support of the program and is not voting against the resolution per se, but would instead like to see the resolution written to include a committee selection process. Ane Casady agreed with this. Mayor Pro -Tem Michael Perry and Russell Kaker voted for the resolution. Since the Council split on this vote the Mayor was asked to cast a vote to break the tie. The Mayor voted in favor of the resolution as presented breaking the tie and finalizing the vote at 3-2 for the resolution. He stated he believes the Town Administrator is capable of selecting employees for recognition without a selection or nomination committee. 21. Discuss and act upon the purchase of a new half4on pick-up truck for the Public Works Department in the amount of $15,309. (BL) Motioned by Lisa Dritschler, seconded by Ane Casady to purchase a new half -ton pick-up truck for the Public Works Department In the amount of $15,309. Motion approved 4-0. 22. Discuss the requirements for mayoral candidacy. (DM) Doug Mousel stated that he has consulted with Town legal counsel on this matter, and because Prosper is a general law Town no one who is running for Mayor is obligated to relinquish their seat in order to run. Until a charter is written and Prosper becomes a home rule Town, it cannot require anyone to step down from Council to run for Mayor. Lisa Dritschler stated that when Prosper is a home rule Town, she would like to revisit the subject and write it into our charier that you cannot hold a Council seat and run for the position of Mayor at the same time. • • E! 23. Discuss and possibly direct Town Staff to place items on future agendas. ♦ Lisa Dritschler would like to place the Youth Town Council on the agenda for the joint meeting to be held with PISD and the Town Council. ♦ Ane Casady asked that all Town buildings be checked to make sure that appropriate notices are posted regarding Federal regulations. ♦ Ane Casady asked that we revisit the traffic light issue at E. First Street at a later Council meeting. 24. Adjourn. Motioned by Mayor Pro -Tern Michael Perry, seconded by Lisa Dritschler to adjourn the Town Council meeting. Motion approved 4-0. The meeting was adjourned at 9 39 p.m. Attest: Shanae Jennings, n Secretary Charles i anger, M r Page 7 of 7