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05.11.2004 Town Council Minutesti - 0 Town Of Prosper Call to Order f Roll Call. Meeting was called to order at 7:06 p.m. Rall call was taken by the Town Secretary Minutes (approved) Regular Meeting of the Prosper Town Council 601 South Church Street Prosper First Baptist Church Children's Building (S. Wing) Tuesday, May 11, 2004 7:00 p.m. 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; Fire Chief, Ronnie Tucker; Director of Public Works, Bill Little; Director of Planning, Mitch Humble; and Town Secretary, Shanae Jennings PROCLAMATION 2. Proclamation presentation to Michael Allan Pensa for attaining the rank of Eagle Scout t1vouncil ayor Charles Niswanger read and presented the proclamation to Michael Allan Pensa in front of his family and the audience. convened into Executive Session in accordance with Section 551.074 (a) (2): Personnel Matters, to hear a complaint or charge against an officer or employee. Council convened at 7:13 p.m. Council reconvened back into session at 7:34 p.m. No action was necessary as a result of the executive session. CONSENT AGENDA 3. 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 ft 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) ■ April 28, 2004 Regular Meeting ORDINANCES b. Consider and act upon an ordinance amending Zoning Ordinance No. 84-16 rezoning 702.14± acres located at the northwest corner of U.S. 380 and the Denton/Collin County line from Single Family -1 to Planned Development -Mixed Use (Z04-7). (MH) c. 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 approximately 40.066 acres of land, and being more generally located at the west side of CR 49, approximately 2,800 feet south of CR 5. (A 2004.21, Nathwani) (SJ) Page l of 4 FINANCIALS d. Consider and act upon the financial statements ending April 34, 2004. (AL) Motioned by Russell Kaker, seconded by Lisa Dritschler to approve the consent agenda. Motion approved 4-1. Mayor Pro -Tem Michael Perry opposed. Mayor Pro -Tem Michael Perry would like to report a nay vote on item 3b and submitted the following comments: "I am opposed to amending Zoning Ordinance 84.16 to rezone 702.14± acres. I do not believe it is in the 'best interest of the Town of Prosper. This is the largest development in the history of Prosper. A development of this magnitude should have the benefit of careful staff review, council deliberation and open discussion. This development was rushed through the process. Careful consideration was not afforded. The Town did not negotiate the best possible deal." PUBLIC COMMENTS 4. 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. REGULAR AGENDA PUBLIC HEARINGS /ASSOCIATED ORDINANCES/PLATS &Public Hearing to consider and act upon a request to amend Planned Development -5 -Mixed Use located at the southeast rner of C.R. 122 and C.R. 80 to relocate the Equestrian Center District and to change the development standards to match Ve development of Whispering Farms, Phase 1 (ZO4-3). (MH) Motioned by Russell Kaker, seconded by Karie Dalton to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 7:36 p.m. Michael Beatty, 4516 Lovers Lane, Dallas. He is asking for the ability to adjust their zoning and to build an equestrian center. He is here to answer any questions the council has. Motioned by Russell Kaker, seconded by Karie Dalton to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 7:37 p.m. Motioned by Russell Kaker, seconded by Lisa Dritschler to table this item to the May 25, 2004 meeting. Motion approved 5-0. 6. Public Hearing to consider and act upon a request to rezone 150.0± acres located at the southeast corner of S.H. 289 and F.M. 1461 from Single Family -1 to Planned Development-Retail/Single Family -1 (Z04.5). Tabled 4/13104 & 4/28104. (MH) Motioned by Russell Kaker, seconded by Lisa Dritschler to table the public hearing until the June 8, 2004 meeting. Motion approved 5- 0. 7. Public Hearing to consider and act upon a request to rezone 0.3± acre located on the north side of Second Street, 100± feet east of Business 289 from Single Family -1 to Single Family -3 (Z04-8). (MH) t otioned by Russell Kaker, seconded by Karie Balton to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 7:39 p.m. irk Fry, 10685 Wild Rose Court — He stated they either need to act on this item tonight or they need an extension from the council in order to act at a later date. Page 2 at 4 Motioned by Russell Kaker, seconded by Karie Dalton to close the public hearing. Motion approved 5-0. ayor Charles Niswanger closed the public hearing at 7:40 p.m. Motioned by Lisa Dritschler, seconded by Russell Kaker to approve rezoning 0.3± acres located on the north side of Second Street, 100± feet east of Business 289 from Single Family -1 to Single Family -3. Motion approved 5-0. 8. Consider and act upon an amending plat for Bryant's First Addition, Block 13, Lot 9R, being one residential lot on 0.3± acre located on the north side of Second Street, 100± feet east of Business 289 (D04-8). (MH) Motioned by Lisa Dritschler, seconded by Russell Kaker to approve an amending plat for Bryant's First Addition, Block 13, Lot 9R, being one residential lot on 0.3± acre located on the north side of Second Street, 100± feet east of Business 289 subject to staff recommendations. Motion approved 5-0. 9. Public Hearing to consider and act upon a request to amend Planned Development -9 -Retail located at the southwest corner of S.H. 289 and Spur 439 to include an additional 14.8± gross acres. (Z04-9). (MH) Motioned by Russell Kaker, seconded by Karie Dalton to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 7:43 p.m. Frank Abbot, 9300 Wade Blvd. Frisco, TX — He is here representing the applicant and he is happy to answer any questions for the Council. Motioned by Russell Kaker, seconded by Karie Dalton to close the public hearing. Motion approved 5-0. tcouthwest ayor Charles Niswanger closed the public hearing at 7:44 p.m. otioned by Russell Kaker, seconded by Karie Dalton to approve the request to amend Planned Development -9 -Retail located at the Mayor corner of S.H. 289 and Spur 439 to include an additional 14.8± gross acres, subject to staff recommendations. Motion approved 5-0. CONTRACTS AND AGREEMENTS 10. Consider and act upon a Tax Collection Services Agreement between the Town of Prosper and Collin County and a resolution authorizing the Mayor to execute the Agreement. (DM) Motioned by Lisa Dritschler, seconded by Ane Casady to act upon a Tax Collection Services Agreement between the Town of Prosper and Collin County and a resolution authorizing the Mayor to execute the Agreement. Motion approved 5-0. 11. Consider and act upon an ordinance identifying the Collin County Tax Assessor Collector as the tax assessor and collector for the Town of Prosper. (DM) Motioned by Lisa Dritschler, seconded by Russell Kaker to approve an ordinance identifying the Collin County Tax Assessor Collector as the tax assessor and collector for the Town of Prosper. Motion approved 5-0. DEPARTMENT ITEMS 12. Consider and act upon the selection of a consultant to prepare a Parks Master Plan for the Town. (MH) I1Motioned by Lisa Dritschler, seconded by Russell Kaker to table this item to the May 25, 2004 meeting. Motion approved 5.0. 3. Discuss the Comprehensive Master Plan, (DMJMH ) Robin McAfree, Mesa Design Group, 6023 Norway Rd., Dallas, TX — He presented a general overview of the Comprehensive Plan and was available for questions from the Council. Page 3 of 4 tN ouncil requested more time to review the item. Doug Mousel stated that he would continue to list this on future agendas until the ouncil is prepared to act on the Comprehensive Plan. 14. Consider and act upon individuals authorized to sign on the Town's accounts with the First State Bank of Celina, (DM) Motioned by Russell Kaker, seconded by Lisa Dritschler to authorize the Town Administrator, Mayor and Mayor Pro -Tem to sign on the Town's accounts with the First State Bank of Celina. Motion approved 5-0. 15. Review and discuss April 2004 Activity Reports for the following departments and committees, • Administration • Police Department • Fire Department • Planning Department • Prosper E.D.G. • Public Works • Inspections • Communications Committee • Parks and Recreation Committee Ronnie Tucker projects cost savings of approximately $106,000 when everything on the Fire Station is said and done. Approximately $40,400 of that will be spent on an emergency generator, leaving about $66,000 in savings. 16. Consider and act upon an offer from Collin County to equally participate in the cost of improving portions of County oads 74, 78, and 80 from dirt and rock surfaces to an asphalt surface. (DM) Motioned by Lisa Dritschler, seconded by Karie Dalton to move forward with depositing $140,937.50 into the Towns budget into a County designated non-interest bearing escrow account to fund the improvement of County Roads 74, 78, and 80. Motion approved 5-0. 17. Discuss recent and upcoming activities of the Mayor and Town Administrator. (DM) Mayor Charles Niswanger and Doug Mousel reported on their meetings and activities for the past few weeks. 18. Discuss and possibly direct Town Staff to place items on future agendas. Lisa Dritschler would like to add onto the activity reports the minutes of the boards and committees. Lisa Dritschler would like Public Works to have an update of the railroad crossing arms. 19. Adjourn Motioned by Russell Kaker, seconded by Karie Dalton to adjourn the Town Council meeting. Meeting adjourned at 8:23 p.m. Attest: hanae Jennings, T n Secretary Charles Nis er, May - Page 4 of 4