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06.22.2004 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, June 22, 2004 7:00 p.m. Town Of Prosper 1. Call to Order I Roll Call. Meeting was called to order at 7.06 p.m. Rofl call was taken by the Town Secretary. Council present included: Mayor Charles Niswanger, Ane Casady, Mayor Pro -Tem Lisa Ddtsch(er, Kevin Drown, Mike Wadsworth and David Bristol. Staff present included: Town Administrator, Doug Mousel; Director of Public Works, Bill little; Director of Planning, Mitch Humble; Fire Chief, Ronnie Tucker and Town Secretary, Shanae Jennings. 2. Invocation and Pledge of Allegiance Invocation was given by Doug Fox of First United Methodist of Prosper. Mayor Charles Niswanger led the Pledge of Allegiance. 4) Announcements tE ewere noannouncements. Sl=1 TATIONS 4. Presentation of Certificates of Appreciation and Recognition to previous Council members and Board and Committee members. (SJ) The Mayor and the Town Secretary presented the Certificates of Appreciation to outgoing board and committee members who were present. Outgoing Council members were unable to attend this meeting; therefore, they will be recognized at a future date. 5. Administer Oath of Office to appointed members of theEconomic Development Board, Park and Recreation Board, Zoning Ordinance Committee and the Communications Committee. (SJ) The Town Secretary issued the Oath of Appointed Office to the incoming committee and board members for the Economic Development Board, Park and Recreation Board, Zoning Ordinance Committee and the Communications Committee. 6. Administer the Statement of Appointed Officer to members of the Economic Development Board, Park and Recreation Board, Zoning Ordinance Committee and the Communications Committee. (SJ) The Town Secretary issued the Statement of Appointed Officer to the incoming committee and board members for the Economic Deveiopment Board, Park and Recreation Board, Zoning Ordinance Committee and the Communications Committee. 16Presentation by Economist.com and associated discussion regarding a cost of service analysis and utility rate design udy. (DM) tseynSnowden, 5500 Democracy Drive, Plano, TX. — He stated they do financial and economic consulting throughout the southwest. He ted the highlights of their company in general to Council.. Page 1 of 7 AnEXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.071 -- nsultation with the Town Attorney: a) Regarding a settlement offer by Fishtrap Properties and Mustang Special Utility District in regards to the development of the proposed Glenbrook Estates subdivision and the issuance of a Certificate of Convenience and Necessity for a portion of Denton County. b) Regarding the legal aspects associated with the fireworks stands operating within the Town limits. Council recessed into closed session at 7:37 p.m. 9. Reconvene into regular session and take any action necessary as a result of the closed session. Council reconvened into regular session at 8:43 p.m. The fallowing action will be taken as a result of the closed session. Motioned by Mayor Fro -Tem Lisa Dritschler, seconded by Ane Casady to approve a settlement agreement between the Town of Prosper and the owners of fireworks stands within the Town limits and a resolution authorizing the Mayor to execute the agreements with the following provisions added: No discharge, igniting, detonating, or firing of any fireworks of any descriptions on the property at the fireworks stand; signs must be posted notifying people of the no fireworks Ordinance; there must be a requirement that adequate protection devices be installed at the stand; and a termination date for the settlement agreement will be set to be effective on July 5, 2006. Motion approved 5-0. CONSENT AGENDA . Approval of Consent Agenda. (items placed on the Consent Agenda are considered routine in mature and are considered non- ntroversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council is required to remove any item for scussion and separate action. Council members may vote nay on any single item without comment and may submit written comments part of the official record) MINUTES a. Consider and act upon the following minutes from past Council meetings: (SJ) • .lune 8, 2004 Regular Town Council Meeting PLATS b. Consider and act upon approval of a preliminary plat for the Lakes of La Cima, being 648 single family lots on 30+4.1± acres located at the southwest comer of C.R. 74 and C.R. 78 JD04.12). (MH) c. Consider and act upon approval of a preliminary plat for Willow Ridge, Phase 3, being 312 single family lots on 120.5± acres located on the east side of C.R. 73,1,000± feet north of U.S. 380 (1)04-14). (MH) d. Consider and act upon approval of a preliminary plat for the Village at Prosper Trail, being 168 single family lots on 61.7± acres located at the northwest corner of C.R. 4 and the BNSF Railroad (1)(1415). (MH) Mike Wadsworth requested to pull item 10c. Mayor Pro -Tern Lisa Dritschler requested to pull item 1 Od. oboned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to remove items 10d and 10c from the consent agenda, and to ems10a and 10b, subject to review and approval of the park dedication and improvement proposal by the Parks and Recreation nd for item 111. Motion approved 5-0. ,;kp ke Wadsworth removed himself from any discussion, action and vote on item 10c because of a potential conflict of interest and has filed an abstention affidavit with the Town Secretary. Page 2 of 7 0ouncil discussed item 10c. it Jobe, 6142 Campbell Road, Dallas, TX. — He is the developer and he stated it would be about two years before they would finalize the se of Willow Ridge that is adjacent to CR 73. Mayor Charles Niswanger is concerned about the permanent closure of CR 73 because of the development of this subdivision. Phil Jobe stated that he doesn't control the closing of this road. Motioned by Mayor Pro-Tern Lisa Dritschler, seconded by David Bristol to approve a preliminary plat for Willow Ridge, Phase 3, being 312 single family lots on 124.51 acres located on the east side of C.R. 73, 1,000± feet north of U.S. 380, subject to staff recommendations and the following conditions: the addition of a phase line panning north-south and labeling Phase 3 on the eastern portion and Phase 4 on the western portion; Phase 4 is subject to Collin County's abandonment of the unnecessary portions of right-of-way for CR 73; Phase 4 is subject to an alternate route being provided prior to the abandonment of CR 73 right-of-way; and, Phase 4 is subject to final determination of the future alignment of CR 73. Motion approved 4-0. Council discussed item 10d. There are concerns about proper retention ponds and potential drainage problems existing in the Village at Prosper Trail. Mitch stated that some conditions could be added prior to approval of the preliminary plat if it would make Council more comfortable. Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Mike Wadsworth to approve a preliminary plat for the Village at Prosper Trail, being 168 single family lots on 61.7± acres located at the northwest comer of C.R. 4 and the BNSF Railroad subject to staff recommendations and any revisions to the plat as a result of final sizing of the detention pond. Motion approved 5-0. 0 PUBLIC COMMENTS . Public Comments (The public is invited to address the Council on any topic. However, the Council. is unable to discuss or e action on any topic not listed on this agenda. Please complete a "Public Comments" form and present it to the Town retary prior to the meeting.) There were no public cornments tonight. REGULAR AGENDA PUBLIC HEARINGS 12. 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 C.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) Applicant has requested that this item be tabled until the July 27, 2004 Town Council meeting. 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 9:39 p.m. Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 9:40 p.m. Motioned by Mike Wadsworth, seconded by Ane Casady to table this item to the July 27, 2004 Town Council meeting. tion 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± es at the southwest corner of Parkside lane and Whispering Way (130414). (MH) Applicant has requested that this item be tabled until the July 27, 2004 Town Council meeting. Page 3 of 7 ayored by Mike Wadsworth, seconded by Kevin Drown to open the public hearing. Motion approved 5-0. rr Charles Niswanger opened the public hearing at 9:41 p.m, tinned by Mike Wadsworth, seconded by Ane Casady to close the public hearing. Motion approved 5-0. yor Charles Niswanger closed the public hearing at 9:41 p.m. Motioned by Mike Wadsworth, seconded by David Bristol to tattle this item to the July 27, 2004 Town Council meeting. Motion approved 5-0. 14. A public hearing to consider and act upon a request to rezone 150.Ot acres located at the southeast corner of S.H. 289 and F.M.1461 from Single Familyl to Planned Development-Retail/Single Famity-1 (ZO4.5). (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 9:47 p.m. Mitch stated that there is still written opposition of more than 20% of the adjacent property owners around this area; therefore, a super majority vote of the Council is required to approve any motion to rezone. Ocie Vest, 3131 McKinney Ave., Dallas, TX — He represents the applicants who would like to rezone the property. He stated they have worked very hard with the homeowners to come up with a good resolution that will make the homeowners and the applicant happy. There are seven outstanding points that the two sides have arrived at that they would like to see both parties agree on. They have agreed on six of those seven points, but they have been unable to come to an agreement on one final issue, which he hopes Council can resolve for them. 41he seven ooncems of the homeowners are listed briefly below: Rear yard setbacks Wooden fencing along the eastern edge of the subdivision — which they oppose living screen shrubs -- they would like placed on the west side of the fence Protection and preservation of trees 5. Setbacks on Post Oak Ct. should match the homeowners at 30 feet 6. No sidewalks along Post Oak Ct. 7. Homeowners want all the fencing on the 25,000 square foot lots to be iron; however, the applicant does not agree to this, they would like to do a privacy wooden fence on the side and front fencing of the houses. Mark McGuire, 1501 Woodhaven, Prosper, TX — He stated that he and several of his neighbors are concerned about the wooden cross fences. He understands that there is the potential for future neighbors to want their privacy, but he also feels that they will decide to move knowing that there is not the privacy of a wooden fence, and that right now he and his other neighbors are the ones that have to live there and look at the wooden fences if they are built. However, he stated he would withdraw his opposition with six out of the seven issues being resolved. Bill Martin, 1591 Post Oak, Prosper, TX - He holds the same feelings as his neighbors do on the seventh item and he does not want the wooden fences. However, he also stated he would withdraw his opposition with six out of the seven issues being resolved. Scott Ryan, 1590 Post Oak, Ct, Prosper, TX - His opposition is with the side wooden fencing as well. He stated he would not withdraw his opposition with six out of the seven issues being resolved. Jim Rock, 1551 Cedar Bend Court, Prosper, TX — He said that he has an issue with the seventh item regarding the wooden fencing, and he is also still pushing for 30,000 square foot lots as an eight issue of dissention. He stated he would not withdraw his opposition with six Ipof the seven issues being resolved, and that he considers the lot size to be an either issue and another reason not to withdraw his position as well. ndy Sloan, 1701 Highland Meadows, Prosper, TX — He is adjacent to three of these lots being discussed. He does not think there will a need for a wooden fence for privacy in the future and therefor= he doesn't want the wooden fences. He stated he would not withdraw his opposition with six out of the seven issues being resolved. Page 4 of 7 .lotioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 10:21 p.m, *Aoned by Mike Wadsworth, seconded by Kevin Drown to approve the zoning request, subject to the attached zoning exhibits and planned development standards, modified as follows: 1) Change the front building lines for the 25,000 square foot lots to 30 feet and the rear building lines to a minimum of 20 feet with an average per lot of 30 feet. 2) No wood privacy fencing to be permitted in the rear yard of the 25,000 square foot lots parallel to the decorative metal fence along the rear property lines. 3) The solid living screen adjacent to the decorative metal fence along the rear property lines of the 25,000 square foot lots shall be installed on the west side of the fence. 4) The developer shall work with staff at the time of platting of the subdivision to incorporate tree preservation measures for the existing trees along the property's eastern border. 5) The street side building line for lots siding to Post Oak court shall be 30 feet. 0} The street section and sidewalks for Post Oak Court shalt match the existing street section and sidewalks within the Highland Meadows subdivision (no curbs, 24 -foot street pavement, bar ditches, and no sidewalks). 7) Rod iron fencing instead of wooden fencing be installed, and on the side yard a living screen does not have to be added, but on the east side (the back) their does need to be a living screen. Motion denied 3-2 because of the tack of a supermajority vote, which again means that four votes must cant' in order to pass the motion, Ane Casady, Mike Wadsworth, and Kevin Drown voted for the motion, Lisa Dritschler and David Bristol voted against the motion. Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to approve the zoning request, subject to the attached zoning tn� hibits and planned development standards, modified as follows: T ems 1-6 as noted above stay the same; item seven is proposed to be a six foot wooden privacy side fences, versus rod iron fencing. otion denied 2-3. Mayor Pro -Tem Lisa Dritschler and Mike Wadsworth voted for the motion and David Bristol, Ane Casady and Kevin own voted against the motion. Council recessed at 11:00 P.M. Council reconvened at 11:11 p.m. Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by David Bristol to approve the zoning request, subject to the attached zoning exhibits and planned development standards, modified as follows: Items 1-6 as noted above stay the same; item number seven is dropped from the list altogether and the fence will be the responsibility of the landowner as set forth by the HOA and controlled by the deed restrictions of the MOA. Motion approved 4-1. Ane Casady voted against the motion. ORDINANCES AND RESOLUTIONS 15. Consider and act upon an ordinance repealing Ordinance Nos. 89-3, 96-10, 99.22 and 01.14 and adopting the 2003 Edition of the International Fire Code and adopting amendments thereto. (RT) Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to table this item to a later date. Motion approved 5-0. CONTRACTS BIDS AND AGREEMENTS 16. Consider and act upon the Second Amendment to an Interlocal Agreement for the delivery of public safety communications ervices by the City of Frisco to the Town of Prosper and a resolution authorizing the Mayor to execute the Agreement. (KM) ?1. 3ptain Gary McHone spoke for the Prosper Police Department. He stated that the call amount being charged by the City of Frisco to the 'ire f wn of Prosper is increasing due to an increase in officers and calls. He said that we average about 150 calls a month. Page 5 of � r,. 11 V. ere was no discussion on the Mayor or Town Administrators recent or upcoming activities. Possibly direct Town Staff to schedule a topic for discussion at a future meeting. Newsletter distribution Policy on how Council should respond to individual developer requests to meet with Council members. 25. Adjourn Motioned by Mike Wadsworth, seconded by David Bristol to adjourn. Motion approved 5-0. Meeting was adjourned at 12:12 a.m. Attest: VShaaeJennings, To retaryril4Zwnger, NIMayor Page 7 of 7