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05.25.2004 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, May 25, 2004 7:00 p.m. Town Of Prosper 1. Call to Order/ Roll Call Meeting was called to order at 7:10 p.m. Roll call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Ane Casady, Russell Kaker and Lisa Dritschler. Mayor Pro -Tem Michael Perry and Kane Dalton were absent. Staff present included: Town Administrator, Doug Mousel; Director of Public Works, Bill little; Director of Planning, Mitch Humble; and Town Secretary, Shanae Jennings 2. Invocation and Pledge of Allegiance vocation was given by Pastor Mark Bryant of the first Baptist Church Prosper. Receive Official Canvass of election returns for the General and Local Option Election of May 15, 2004 a. Consider and act upon an ordinance to accept as true and correct the Canvassed voting results for the General Election held on May 15, 2004 as presented by the Town Secretary and hereby declare the results of the election to be as set forth in Ordinance No. 04-55 and that said ordinance should be adopted. (SJ) Motioned by Russell Kaker, seconded by Lisa Dritschler to approve an ordinance to accept as true and correct the Canvassed voting results for the General Election held on May 15, 2004 as presented by the Town Secretary and hereby declare the results of the election to be as set forth in Ordinance No. 04-55 and that said ordinance should be adopted. Motion approved 3-0. b. Consider and act upon an ordinance to accept as true and correct the Canvassed voting results for the Local Option Election for the sale of beer and wine for off premise consumption only held on May i5, 2004 as presented by the Town Secretary and hereby declare the results of the election to be as set forth in Ordinance No. 0456 and that said ordinance should be adopted. (SJ) Motioned by Russell Kaker, seconded by Lisa Dritschler to approve an ordinance to accept as true and correct the Canvassed voting results for the Local Option Election for the sale of beer and wine for off premise consumption only held on May 15, 2004 as presented by the Town Secretary and hereby declare the results of the election to be as set forth in Ordinance No. 04-56 and that said ordinance should be adopted. Motion approved 3-0. 4. Issuance of Certificate of Election to Elected Council Members (SJ) e Mayor thanked the outgoing Council for their hard work and service to the community. The outgoing Council that was present then epped down. e Town Secretary issued the Certificate of Election to the newly elected Council members Kevin Dmwn, Place 3; Mike Wadsworth, Place 4; and David Bristol, Place 5. Page l of 6 Administer the Oath of Office to Elected Council Members (SJ) e Town Secretary issued the Oath of Office to Kevin Drown, Place 3; Mike Wadsworth, Place 4; and David Bristol, Place 5. Administer Statement of Elected Officer to Elected Council Members (SJ) The Town Secretary issued the Statement of Elected Officer to Kevin Drown, Place 3; Mike Wadsworth, Place 4; and David Bristol, Place 5. 7. Election of Mayor Pro Tem (SJ) Motioned by Mike Wadsworth, seconded by David Bristol to nominate Lisa Dritschler as the Mayor Pro Tem for 2004-2005. Motioned by Mike Wadsworth, seconded by David Bristol to cease the nominations and elect Lisa Dritschler as Mayor Pro Tem. Motion approved 5-0. Lisa Dritschler has been elected by Town Council as the Mayor Pro Tern. CONSENT AGENDA 8. 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 a. Consider and act upon the following minutes from past Council meetings: (SJ) • May 11, 2004 Regular Meeting PLATS b. Consider and act upon the approval of an amended plat of two lots on 2.7± acres on the south side of Rhea Mills Circle, 1,800± feet west of F.M. 2478 (004-11). (MH) ORDINANCES and RESOLUTIONS c. Consider and act upon an ordinance amending Zoning Ordinance No. 84-16 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 (Z04-8). (MH) d. Consider and act upon an ordinance amending Zoning Ordinance No. 84-16 rezoning 34.2± acres at the southwest corner of S.H. 289 and Spur 439 from Single Family -1 and Planned Development -9 -Retail to Planned Development -Retail (Z04-9). (MH) e. Consider and act upon a resolution of the Town of Prosper, Texas approving the Town's pretest of Mustang Special Utility District's Application to amend its water and sewer certificates of convenience and necessity in Denton County, Texas. (DM) Motioned by Mayor Pro Tem Lisa Dritschler, seconded by Mike Wadsworth to approve the consent agenda. Motion approved 5-0. PUBLIC COMMENTS toThe public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic f listed on this agenda. Please complete a "Public Comments" form and present it to the Town Secretary prior to the meeting. ere were no public comments at tonight's meeting. Page 2 of 6 IBLIC HEARINGS /ASSOCIATED ORDINANCES/PLATS REGULAR AGENDA 10. Consider and act upon an ordinance establishing an alcohol permit process, alcohol permit fee, and a processing fee. (MH) Motioned by Mayor Pro Tem Lisa Dritschler, seconded by David Bristol to approve an ordinance establishing an alcohol permit process, alcohol permit fee, and a processing fee. Motion approved 5-0. 11. A public hearing to consider and act upon a request to amend Planned Development-5-Mixed Use located at the southeast corner of C.R. 122 and G.R. 80 to relocate the Equestrian Center district and to change the development standards to match the development of Whispering Farms, Phase 1 (Z04-3). (MH) Mitch Humble, Planning Director, stated that the applicant has requested that this item be tabled until the June 22, 2004 Town Council meeting. Motioned by Mike Wadsworth, seconded by Kevin Drown to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 7:34 p.m. Motioned by Mayor Pro Tem Lisa Dritschler, seconded by Kevin Drown to close the public hearing. Motion approved 6-0. Mayor Charles Niswanger closed the public hearing at 7:35 p.m. Motioned by Mayor Pro Tem Lisa Dritschler, seconded by Mike Wadsworth to table the public hearing to the June 22, 2004 Town Council teeting. Motion approved 5-0. A public hearing to consider and act upon the approval of a site plan and replat of an equestrian center on one lot on 22.8± s at the southwest corner of Parkside Lane and Whispering Way (D04-10). (MH) Motioned by Mike Wadsworth, seconded by Kevin Drown to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 7:36 p.m. Michael Betty, 4516 Lovers Lane, Dallas, TX. He represents the applicant and he requested that this item be tabled to the June 22, 2004 meeting. He also waives the right of the applicant to take any action within 30 days. Motioned by David Bristol, seconded by Mike Wadsworth to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 7:38 p.m. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Kevin Drown to table this item to the June 22, 2004 Town Council meeting. Motion approved 5-0. 13. A public hearing to consider and act upon a request to amend Planned Development -4 -Single Family -2 located at the northeast corner of C.R. 77 and G.R. 78 to alter some of the development standards contained therein (Z04-10). (MH) Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 5.0. Mayor Charles Niswanger opened the public hearing at 7:46 p.m. Darin Riggs, 5935 CR 163, McKinney, TX. He asked if the park fees would increase if the PD was amended. Mitch Humble said no, they S uld not. wart Jackson, 8235 Douglas, Dallas, TX. He represents the applicant. He is happy to answer any questions for the Council. Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger ctosed the public hearing at 7:53 p.m. Page 3 of 6 Sotioned by David Bristol, seconded by Mike Wadsworth to approve a request to amend Planned Development -4 -Single Family -2 located at northeast corner of C.R. 77 and C.R. 78 to alter some of the development standards contained therein. Motion approved 5-0. Mayor Pro -Tern Lisa Dritschler asked if there is any way to contact the people who sent notices back to the Town in objection to this zoning and Mitch said yes, he would do that. CONTRACTS AND AGREEMENTS 14. Consider and act upon acceptance of a bid and adopt a resolution authorizing the Mayor to enter into an agreement between the Town of Prosper and Dickerson Construction Company for construction services for the Gentle Creek and Steeplechase Sewer Improvement Project in the amount of $1,451,313.75. (DM) Travis Roberts — Town Engineer, 8140 Walnut Hill Lane, Dallas, Tx. He discussed the bids which were submitted and stated this project is to build a sanitary sewer line. He recommends, based on the bids received that Dickerson Construction be awarded the final bid. Doug Mousel asked Mr.. Roberts if he could explain the difference between a 12" line and a 16" line. Mr. Roberts said that a 16" pipe line will carry approximately 3,500 gallons per minute and a 12" pipe line will carry approximately 1,800 gallons per minute. Mr. Roberts stated that it would be prudent to have at the least a 12" pipeline. Mayor Pro -Tem Lisa Dritschler asked how many gallons of sewage per day we are hauling out of Gentle Creek. Bill Little, Director of Public Works stated that the Town hauls about 20,000 gallons a day, five days a week. Doug Mousel stated that he believes using Dickerson Construction is the best choice and will save the Town money. He did point out that the e period they are asking to complete the project is a bit longer than the Town anticipated, but that it would be worth the wait in the long run. ` vin Drown asked if the line would hold out when Whispering Farms is built out and when Whitley Place is built out. Mr. Roberts said he ieves it will, but that he does not have all the information with him to answer the question in full. Motioned by David Bristol, seconded by Mayor Pro -Tem Lisa Dritschler to approve a bid and adopt a resolution authorizing the Mayor to enter into an agreement between the Town of Prosper and Dickerson Construction Company for construction services for the Gentle Creek and Steeplechase Sewer Improvement Project in the amount of $1,451,313.75. Motion approved 5-0. 15. Consider and act upon acceptance of a bid and adopt a resolution authorizing the Mayor to enter into an agreement between the Town of Prosper and Cale Construction Company for construction services for the athletic field project located at the Prosper Elementary School site in the amount of $389,146.00. (MH) Darin Riggs, 5935 CR 163, McKinney, TX. He is the Director of the Parks and Recreation board. He said the board is supportive of this bid and resolution and hopes that the Council approves this item. Mayor Pro -Tem Lisa Dritschler asked what the long-term plan for bleachers, bathrooms, etc. would be for these fields. Mr. Riggs stated that the PSA generally comes around and makes offers to take care of things such as that, and in the past they have brought mobiles concessions and porta-patties. David Bristol asked what money would be used for maintenance of these fields once they are finished. Mr. Riggs stated that there is a little money in the parks fund for this, but that this issue will have to be addressed. Staff stated that the 2004.2005 Town budget will address this issue. Icl. Riggs stated that there are currently seven girls PSA softball teams that the Town of Prosper does not have facilities to support. He icated that the school district will be working with them for short term use of a softball field, but it won't be a long term solution. Page 4 of 6 dike Lish, 8960 High Point Drive, Prosper, TQC. He spoke for the PSA and stated that they are now scheduling for girls softball, but that they n't know how long they will have access to the fields they are currently using. He also said they had several soccer teams this year, but little Wm for them to practice soccer. Mayor Charles Niswanger asked if there are any plans or timelines for creating more passive park facilities, such as the 20 acres that is being unused out in Whispering Farms. Mr. Riggs stated that he doesn't have a good timeline at this time, but that he will take it and place it on a Tito do" list with the parks board and get back to him with a better timeline. Motioned by Mike Wadsworth, seconded by David Bristol to approve a bid and adopt a resolution authorizing the Mayor to enter into an agreement between the Town of Prosper and Cole Construction Company for construction services for the athletic field project located at the Prosper Elementary School site in the amount of $389,146.00, including construction of alternates number one and two, but not altemate number three which is the drinking fountain. Motion approved 5-0. DEPARTMENT ITEMS 16. Consider and act upon the selection of a consultant to prepare a Parks Master Plan for the Town. (MH) Mitch believes that the Council should allow Perkins and Will to finish their facilities study before they approve Carter Burgess to go forward with a Parks Master Plan, so that the two entities do not duplicate efforts. He believes it is a very important project and deferment might not be a bad idea right now. Darin Riggs stated that a lot of work has gone into this process in order to get Carter Burgess selected as a consultant for the Parks Master Plan, however, the entire Park and Recreation Board is prepared to wait on the project in order to make sure Perkins and Will can finish their udy first. 'ke Wadsworth asked if the Park and Recreation board will go back and issue a new RFP for services once Perkins and Will is done with Ir study, or will the board still want to move forward with Carter Burgess. Mr. Riggs stated that he hoped they would be able to go back to Carter Burgess and pick up where they are leaving off, since the entire board is very comfortable with them as a consultant. Motioned by Mike Wadsworth, seconded by Kevin drown to defer the study and selection of a consultant to prepare a Partes Master Plan until Perkins and Will has completed the facilities needs assessment study, at which time the Staff can bring recommendations back to Council on how to proceed. Motion approved 5-0. 17. Discuss an annexation proposal for the Walnut Grove Cemetery property located at the northwest corner of S.H. 2478 and C.R. 79 and authorize the Mayor to sign a letter of agreement regarding the annexation proposal. (MH) Motioned by Mayor Pro -Tem Lisa Drltschler, seconded by Kevin Drown to approve an annexation proposal for the Walnut Grove Cemetery property located at the northwest corner of S.H. 2478 and C.R. 79 and authorize the Mayor to sign a letter of agreement regarding the annexation proposal. Motion approved 5-0. 18. Discuss and provide comments to Town staff on the Comprehensive Master Plan. (DM) Doug Mousel suggested that Council read this plan and bring it back for discussion at one of the upcoming meetings. Council agreed that the June 8, 2004 meeting would be a good time for discussion, and that the June 22, 2004 meeting would be a good time to potentially try to act on the Comprehensive Master Plan. 19. Discuss, review and act upon a selection process for Board and Committee applicants. (SJ) taor Pro -Tem Lisa Dritschler suggested utilizing an interview and selection process for the appointment of the boards and committees. Mike dsworth does not think we should select members based on applications alone, and that if interviews are going to take place that Council A interview as a whole. He suggests a meet and greet as the best option so that Council could meet people they don't already know. id Bristol agreed with the idea of a meet and greet and suggested having each candidate give a brief background of themselves so that Council can get a feel for why each individual would like to serve on a particular board. Page 5 of 6 ditionally, David Bristol would like to allow people who are business owners to be members of boards and committees; he feels that they too a large part of any community and should be able to take part in the committees/boards. Motioned by Mike Wadsworth, seconded by David Bristol to utilize a meet and greet process on Monday, June 7, 2004 at 7:00 p.m. at a location to be determined, where the applicants will be given a two minute time to address the Council and the Council will meet with them informally thereafter, with hopes that the boards/committees may be appointed at the June 8, 2404 meeting. Motion approved 5-0. 20. Discuss Council packets and current, pending, and future Town activities or projects. (DM) Doug Mousel and Shanae Jennings discussed the council packets and Doug Mousel covered current projects and future projects. 21. Discuss and provide direction to Town staff regarding the preparation of a Code of Conduct and Ethics and Council Rules and Procedures. (DM) The Mayor would like the Town Legal Department to work with the Town Staff and derive a Code of Conduct and Ethics Policy to bring forward to the Council. Ane Casady discussed including issues which address sexual harassment, open meetings regulations and public drunkenness as ideas to add to the Code of Conduct or Rules of Procedure. Doug Mousel proposed that if Council has suggestions for benchmark ideas and if they would like to bring them to him by June 8, 2004 then Staff will prepare to present a rough draft to Council by the end of June, if possible. 22. Discuss recent and upcoming activities of the Mayor and Town Administrator. (DM) e Mayor and Town Administrator went over their meeting schedules and activities. Discuss and possibly direct Town Staff to place items on future agendas. Mike Wadsworth stated that he will be recusing himself on a future agenda item of the June 22, 2004 Town Council meeting regarding Willow Ridge Phase 3. He cited fiduciary conflicts of interests. David Bristol would like to see if Town Council can recognize the outgoing Council at a future Council meeting. 24. Adjourn Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by David Bristol to adjourn the Town Council meeting. Motion approved 5-0. Meeting was adjourned at 10:54 p.m. Attest: anae Jennings, T Secretary Page 6 of 6 a+f e i nger, M r