Loading...
07.27.2004 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, July 27, 2004 7:00 p.m. n Of Prosper dor immediately following the Town Council Workshop) Call to Order/ Roll Call. Meeting was called to order at 7:02 p.m. Rall call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Ane Casady, Kevin Grown, Mike Wadsworth and David Bristol. Staff present included: Town Administrator, Doug Mousel; Director of Public Works, Bill little; Director of Planning, Mitch Humble; Police Chief, Kirk McFarlin; and Town Secretary, Shanae Jennings 2. Invocation and Pledge of Allegiance Invocation was given by Pastor David Vestal of Lighthouse Christian Fellowship Church of Prosper. The pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events captain Gary McHone spoke regarding National Night Out and the Health and Safety Fair. Tie fair will occur on Saturday, July 31, 2004 from 11 a.m. to 3 p.m. National Night Out wilf be on Tuesday, August 3, 2004 in the evening. Block parties should begin around 7:00 p.m. 4. Proclamation ` National Night Out 2004 Mayor Charles Niswanger read the proclamation for National Night Out to be held on August 3, 2004. CONSENT AGENDA 5. 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 minutes from the following Council meetings: (SJ) ■ July 13, 2004 Regular Meeting • July 20, 2004 Budget Work Session ORDINANCES 46 b. Consider and act upon an ordinance changing the name of C.R. 5 to Frontier Parkway. (MH) c. Consider and act upon an ordinance changing the name of C.R. 933 to Howard Lane. (MH) Page 1 of 6 d. Consider and act upon an ordinance changing the name of the north -south portion of Business 289 to a dual designation of Business 2891Coleman Street. (MH) e. Consider and act upon an ordinance changing the name of the east -west portion of Business 289 to a dual designation of Business 289/Frontier Parkway. (MH) f. Consider and act upon an ordinance changing the name of S.H. 289 to a dual designation of S.H. 289/Preston Road. (MH) g. Consider and act upon an ordinance changing the name of F.M. 1461 to a dual designation of F.M. 14611Frontier Parkway. (MH) h. Consider and act upon an ordinance changing the name of F.M. 2478 to a dual designation of F.M. 24781Custer Road. (MH) I. Consider and act upon an ordinance changing the name of U.S. 380 to a dual designation of U.S. 3801University Drive. (MH) PLATS/SITE PLANS j. Consider and act upon approval of a final plat for Lakes of La Cima, Phase 3, being 112 single family lots on 61.2± acres located on the east side of La Cima Boulevard, 1,500± feet south of C.R. 78 (1)04.17). (MH) k. Consider and act upon approval of a site plan for Prosper Elementary School #2 on one lot on 10.0± acres within Lakes of La Cima, Phase 3 at the southeast corner of Livingston Drive and Somerville Drive (1)(1418). MH Ootioned by Mike Wadsworth, seconded by David Bristol to remove item 5j and 5k for separate discussion, and approve items 5a -5i on the onsent agenda. Motion approved 5-0. ike Wadsworth asked about the process for approval of final plats and inquired as to whether or not there are any additional steps that can be taken prior to final plats approval in order to remove some of the 'subject to conditions" that staff places on the approval process. Mitch Humble stated that there really is nothing that Council can do in order to remove the conditions which make the item pending approval subject to certain conditions, because the order in which steps are taken doesn't make it plausible. If there were any major concerns, he would bring those concerns before Council. Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to approve items 5j and Sit on the consent agenda. Motion approved 5-0. PUBLIC COMMENTS 6. 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. There were no public comments at tonight's meeting. REGULAR AGENDA PUBLIC HEARINGS/ASSOCIATED ORDINANCES/PLATS A public hearing to consider and act upon a request to amend Planned Development -5 -Mixed Use located at the southeast mer of C.R. 122 and C.R. 80 to relocate the Equestrian Center District and to change the development standards to match the eveiopment of Whispering Farms, Phase 1 (Z04-3). (MH) Frage 2 o f 6 Lisa Ddtschler expressed concerns that the planned development (PD) standards stated billboards would be allowed in Town, and they are 40 fact not allowed in Prosper. She also would like to see the word City changed to Town throughout the standards. ationed by Kevin Drown, seconded by Mike Wadsworth to open the public hearing. Motion approved 5-0. yor Charles Niswanger opened the public hearing at 7:25 p.m. Michael Betty, 4516 Lovers Lane, Dallas, TX. — He represents the applicant and they have no problem striking the word billboard from the PD standards, as well as changing the word "City" to "Town" throughout the document. Motioned by David Bristol, seconded by Ane Casady to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 7:27 p.m. Motioned by Mike Wadsworth, seconded by Mayor Pro-Tem Lisa Dritschler to approve a request to amend Planned Development-5-Mixed Use located at the southeast comer 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, subject to changing the word City to Town throughout the document, and striking the word billboards on page 6 of 10, exhibit c. Motion approved 5-0. 8. 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± acres at the southwest corner of Parkside Lane and Whispering Way (DO4-10). (MH) This item was withdrawn by the applicant; therefore, no action was necessary. 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 7:31 p.m. Motioned by David Bristol, seconded by Mike Wadsworth to close the public hearing. Motion approved 5-0. 011ayor Charles Niswanger closed the public hearing at 7:31 p.m. ONTRACTS AND AGREEMENTS 9. Consider and act upon an amendment to an agreement between the Town and Celina regarding the provision of emergency ambulance services and a resolution authorizing the Mayor to execute the same. (DM) Motioned by Mike Wadsworth, seconded by David Bristol to table items 9 and 10 and have fire chief Ronnie Tucker join Council at the next- meeting extmeeting to discuss questions relating to County fees and indemnification language in the agreements. Motion approved 5-0. 10. Consider and act upon an amendment to an agreement between the Town and Collin County regarding the provision of emergency ambulance services and a resolution authorizing the Mayor to execute the same. (DM) Motioned by Mike Wadsworth, seconded by David Bristol to table items 9 and 10 and have fire chief Ronnie Tucker join Council at the next meeting to discuss questions relating to County fees and indemnification language in the agreements. Motion approved 5-0. DEPARTMENT ITEMS 11. Consider and act upon an increase in the speed limit from 35 mph to 45 mph on CR 81 and CR 48. (KM) Police Chief Kirk McFarlin gave a background of this item. He gave support for why the speed limits should be raised and stated that this item has been brought back to Council for a second time due to the fact that residents consistently call and complain that the speed limits on these two roads is too slow. Additionally, statistics indicate that the current speed limit of 35 mph is too slow for these roads. Zo nrry Tracey, 1219 Chandler Circle Prosper, TX — He lives off of CR 81 and does not want to see the speed limit increased. He is cemed about both the speed and increased noise level that will be generated if the speed is increased. rraine Risbury, 1700 Gentle Way, Prosper, TX — She would like to raise the speed limit from 35 mph to 45 mph, specifically from Preston east bound on CR 81. She said the road has wide shoulders, it is not close to houses, and it also jumps from 35 mph to 45 mph past the Page 3 of 6 stop sign. Mr. Owens, a proponent of raising the speed limit, has raised 115 signatures and requested that Ms. Risbury present the etition to the Council in favor of increasing the speed limit. n Foster, 820 Brittany Way, Prosper, TX — She lives in the Trails of Prosper and would like Council to leave the speed limit at 35 mph. e said there are no sidewalks and this makes it an additional danger for children to walk to school, or anywhere else. She is also concerned due to the ,grading of the road. Marcus E. Ray, 341 Stephanie Lane, Prosper, TX — He said they moved to Prosper because of the community and quality of life. They have five children and he is concerned that people will begin to drive upwards of 50 mph if the speed limit is increased to 45 mph on CR 48, because already people do not abide by the posted 35 mph limit. He would like the Council to leave it at 35 mph. Arthur Dalton, 9859 CR 48, Prosper, TX -- He lives off of the crest of CR 48 and is concerned about raising the speed limit. He stated that there are kids, runners, and walkers out on this road and that people already don't abide by the 35 mph speed limit that is posted. He would like Council to keep this road 35 mph. Chris Blair, 841 Sibyl Lane, Prosper, TX — He is opposed to raising the speed limit on CR 48. He is concerned that 35 mph already equals 45 mph. Additionally, the setbacks from the homes to the road are very close and he believes this will add to the danger of the road. Tracy Irvina, 810 Brittany Lane, Prosper, TX — She stated that these two roads already feel like a four -lane highway and that this road should stay at 35 mph because of the potential danger. She indicated that trucks move slowly on this road because of the hills, and cars already try to pass them in order to continue with their travels. If the speed limit is increased, cars will pass at a faster rate, and even more danger will be added to an already dangerous situation. Lisa Dritschler asked if CR 48 could be made a no truck road so that the trucks are removed as a potential danger. avid Bristol believes that there are too many residential subdivisions along CR 48 to increase the speed limit. However, in regards to CR he does not support keeping the 35 mph limit. He stated that though the road does back up to residents, there are no outlets and veways which extend onto CR 81 in order for residents to enter and exit off of it. Therefore, he does not see that increasing the speed Vit on CR 81 would contribute to the same kinds of danger as it would if the speed limit was increased on CR 48, Kevin Drown concurred with David Bristol and additionally stated that both roads, per the county engineer, were constructed to be 45 mph roads. Doug Mousel stated that the thoroughfare pian shows both CR 81 and CR 48 to be major thoroughfares in the future and that both are suggested to be four lane divided roads. He indicated that when the time comes to expand the roads they will both likely increase their speed limit to 45 mph. Mike Wadsworth concurs with David Bristol in that CR 81 is a different situation from CR 48, and that the topography contributes to making it different. He is supportive of increasing the speed limits by 10 mph east of Preston Road, but feels west of Preston road that the speed limits should be left alone. Motioned by David Bristol, seconded by Ane Casady that Council re -confirm the existing speed limit of 35 mph on CR 48 and that the police department strenuously enforces this speed. Mike Wadsworth is concerned about the wording of the motion that stating the "police department strenuously enforce," which might indicate they are not currently enforcing as they should. David Bristol would like to amend his prior motion and strike the words "strenuously enforce the speed," and leave the motion to state only that he would like to leave CR 48 speed limit at 35 mph. Ane Casady seconded this motion. Motion approved 5-0. Motioned by Mike Wadsworth, seconded by Lisa Dritschler that Council instruct the police chief to prepare an ordinance to increase the speed limit on CR 81 between state highway 289 and Coit Road from 35 mph to 45 mph. Motion approved 4-1. Ane Casady was Opposed. 6. Consider and act upon a request to initiate a public hearing to consider rezoning the Steeplechase Lake subdivision, being 58 single family lots on 27.4t acres from Single Family -1 to Planned Development Single Family -1 & 2. Page 4 of 6 Motioned by Kevin Drown, seconded by Mike Wadsworth to initiate a public hearing to consider rezoning the Steeplechase Lake bdivision, being 58 single family lots on 27.41 acres from Single Family -1 to Planned Development Single Family -1 & 2. Motion rproved 5-0. VDiscuss recent and upcoming activities of the Mayor and Town Administrator. (DM/CN) Doug Mousel and Mayor Charles Niswanger gave a brief update on their involvement in recent meetings and activities. COUNCIL INITIATED DISCUSSION TOPICS 14. Discuss the formation of a Youth Advisory Board. (LD) Lisa Dritschler stated that she has begun to work with the Prosper High School Student Council and wanted to update council on the progress. She said the first year will be spent establishing the Youth Town Councii, and that by-laws and a charter will be put into place. Prosper Town Council members will need to begin the appointment of an advisory board in August to get the process rolling. 15. Discuss the concept of scheduling a pre -meeting prior to regularly scheduled council meetings. (LD) Mayor Pro -Tem Lisa Dritschler would like to address an alternate time for Town Council meetings instead of starting at 7:00 p.m. and going until late in the evening. After speaking with other councils around the area she has found that many begin their meetings at 5:00 p.m. or 5:30 p.m., so that the planning director can go through development related agenda items, and the Council can eat dinner and ask appropriate questions during this time. This enables questions to be answered prior to the meeting so that when the item comes up in the meeting it can be acted on with little to no discussion. She also has concerns that citizens should be able to come to the council meetings and get in and out at a reasonable time, and that council meeting which last until late hours of the night deters this. Mayor Charles Niswanger asked how the meeting would be called to order if a quorum of the Council could not be present. Lisa Dritschler ated that if a meeting could not be called to order, at least the Council that is present could discuss items because the meeting is posted. e Wadsworth is concerned about potential back track of the same conversations if discussions are held at 5:30 p.m. because much of ed audience would not be able to make it to the pre -workshop. He is also concemed about Council members themselves being able to make it to the meeting. He suggests starting the meeting at 6:00 p.m. and ending the meeting sooner as the result of an earlier stark time, Doug suggested an ordinance will be brought back to Council which will direct that they begin their regular meetings at 6:00 p.m., since this appears to be the consensus of the council. 16. Discuss the role of Council members in National Night Out to be held August 3, 2004. (MW) Mayor Charles Niswanger stated that in the past the Mayor has been responsible for choosing a winner of the National Night Out parties. He would like to propose that a committee select the winner this year, and that the committee be comprised of council members and staff which include Kevin Drown, Mike Wadsworth, Amy Lightfoot and Shanae Jennings. 17. Discuss potential topics for a joint meeting to be held between the Prosper Town Council and the Board of the Prosper Independent School District. (MW) Doug stated that the meeting which he originally proposed to be held prior to the regular Town Council meeting on August 24, 2004, would likely not be possible because the list of discussion topics is too lengthy to fit in before a council meeting. He suggests that Council move the meeting to August 23, 2004 or another date where it will be the only meeting for the evening. He also asked Council to send him any additional discussion topics they may have. 18. Discuss the concept of scheduling a "take your Council Member to work day." (MW) Olike Wadsworth stated that he would like to discuss this item at another meeting, S. Possibly direct Town Staff to schedule a topic for discussion at a future meeting. Page 5 of 6 • Doug Mousel would like to review staff goals with Council and ask Council to help provide direction in prioritizing both the goals and any subtasks that are a part of those goals so that staff can have clear direction on day-to-day functions. • Mike Wadsworth would like to discuss how the Council interacts with the public during council meetings. • David Bristol would like to discuss guidelines for how Council recognizes the audience during public comments. • David Bristol would like to discuss and possible take action regarding the rates of CoSery gas. • Lisa Dritschler would like to discuss the creation of potential truck routes through Town and look into signage or other deterrents for truck routes. 20. Adjourn Motioned by Mike Wadsworth, seconded by Devin Drown to adjoum the meeting. Motion approved 5-4. The meeting was adjoumed at 9:25 p.m. Attest %I d Shanae Jennings, T Secretary t_ • • Aide s ager, Ma Page 6 of 6