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08.10.2004 Town Council MinutesI; Town Of Prosper Minutes (approved) Regular Meeting of the Prosper Town Council 601 South Church Street Prosper First Baptist Church Children's Building (S. Wing) Tuesday, August 10, 2004 6:00 p.m. 1. Call to Order l Roll Cali. Meeting was called to order at 6:07 p.m. Roll call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Devin Drown, Mike Wadsworth and David Bristol. Ane Casady was absent. 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, Pastor of Prosper United Methodist Church. The Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events special session will be held on Thursday, August 12, 2004 for budget purposes at 6:00 p.m. int session between the Prosper Independent School Board and Town Council will be held on August 23, 2004 at 6:30 p.m. 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.) 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings: (SJ) • July 27, 2444 Work Session • July 27, 2004 Regular Meeting FINANCIALS b. Consider and act upon the financial statements ending July 31, 2004. (AL) ORDINANCES & RESOLUTIONS c, Consider and act upon an ordinance amending Planned Development -5 -Mixed Use located at the southeast corner of Prosper Trail and Coit Road to eliminate the Equestrian Center District and to change the development standards to match the development of Whispering Farms, Phase 1 (Z04-3). (MH) d. Consider and act upon a resolution establishing the time and location of regularly scheduled Council meetings. (DM) Page 1 of 6 Motioned by Mike Wadsworth, seconded by Kevin Drown to approve the consent agenda as presented, Motion approved 4-0. PUBLIC COMMENTS 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 nda. Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) 5. Comments by the Public There were no public comments. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS /ASSOCIATED ORDINANCES/PLATS Motioned by Mike Wadsworth, seconded by David Bristol to postpone the public hearings until 7:00 p.m. as posted, and move ahead to the department items section of the agenda. Motion approved 4-0. 6. Presentation of Service Plan and First. 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 5.545 acres of land, and being more generally located at the northeast corner of FM 1193 and Craig Road (A 200422, Winikates). (SJ) Motioned by Kevin Drown, seconded by Lisa Dritschler to open the public hearing. Motion approved 4-0. If f yor Charles Niswanger opened the public hearing at 7:06 p.m. Carroll, 1770 Preston Road, Dallas, Tx — He represents the owner and is here to answer any questions the Council might have. tioned by David Bristol, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:08 p.m. No action was necessary as a result of this public hearing. 7. A public hearing to consider and act upon a request to rezone 0.4 + acre located at the southeast comer of Coleman Street and Fifth Street from Single Family -1 to Retail (Z04-11). (MH) Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:09 p.m. Steve Roquemore, 116 W. Broadway St., Prosper, TX He represents Highland Foods in getting this property rezoned. He is here to answer any questions the Council has. Motioned by Kevin Drown, seconded by Lisa Dritschler to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:10 p.m. Motioned by Mike Wadsworth, seconded by Lisa Dritschler to approve a request to rezone 4.4 ± acre located at the southeast comer of Coleman Street and Fifth Street from Single Family -1 to Retail (204-11), subject to staff recommendations. Motion approved 4-0. 8. A public hearing to consider and act upon a request to rezone 15.2 + acres at the northwest comer of Preston Road and rst Street from Single Family -1 to Retail and Office (Z04-12). (MH) tch Humble gave a brief background on what the applicant is asking for in their request to rezone. Motioned by David Bristol, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:20 p.m. Page 2 of 6 ff Caroil, "1770 Preston Road, Dallas, TX — He represents the applicant and said they have worked significantly with staff trying to get this Hing to a place that is workable with the Town. He understands this is a controversial development because of the residential area that oks out directly onto Craig Road and he agrees there needs to be a buffer. He discussed putting in a living screen so that it is more peasabie to the eye and more presentable aesthetically. He also indicated that the lighting would not be parking lot type lighting, but would be more of a decorative lighting. The office hours would be during the day and not at night; therefore business traffic would not interfere with evening traffic. Chuck Winikates, First and Craig Street, Prosper, TX — Mr. Winikates spoke to Council and suggested that the property was very familiar to many people in the room and he described what the plans originally were for this land. He said he would answer any questions that the Council might have. Steve Roqeumore, 116 W. Broadway Street, Prosper, TX — He asked what signage would be allowed. He said if you put in an office park, a berm, and a wall of trees, how can you ask professionals to come in and start a business when they can't promote the business. Jim Spradley, 208 S. Craig Rd., Prosper, TX — He said he and his wife have lived on this street for about 30 years, and it has been a quite and pleasant experience. He knows growth is occurring in Prosper, but that his problem with the idea of a business development in the area is that it is already impossible to get in and out of driveways. He does not want to see it get worse. He also said there are children who cut across yards every morning for school, and that it would be a danger for them. He suggested moving it to face First Street or Broadway, but not Craig Road, and instead build other houses to face Craig Raod. Mr. Spradley is willing to remove his opposition if the developer would revise the development to fit any of these options, and he would like to see it on paper before he removes his opposition. Ralph Boyer, 108 S. Craig Road, Prosper, TX — He said he is not opposed to zoning this area to office development, and he is glad to see the Council wanting to mix zoning and development at the same time. He wants Council to put something in that is a good addition, which will not devalue anyone's property. aryLyn Boyer, 148 S. Craig Road, Prosper, TX — She said she agrees with Mr. Spradley and she said it would break her heart if trees ere destroyed. ammy Ramsey, 246 S. Craig Rd, Prosper, TX — He said that he would be looking at this every morning, and that he bought the house in Prosper to live here and raise his kids. He does not want to wake up and look at office space everyday. He said you could decorate it any way you want, but that no matter how you do it, the property value wN go down. Jeff Caroil wanted to re-address some of the issues which the property owners raised. He said they took into consideration how they could make the businesses look residential, and that everything would be done to accomplish that. Motioned by Mike Wadsworth, seconded by Kevin Drown to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 8:29 p.m. Lisa Dritschler asked Jeff Carroll if his client would agree to deleting the office area, replace it with Single -Family residential, and increasing the size of the retail area. David Bristol is for progress and development; he would like to save trees but is not sure of the feasibility of this. He thinks it is an appropriate compromise to leave residential facing Craig, and to back it up to retail. He is concerned about the possibility of getting an alley worked into the plan, and would like to see a planned development. Mike Wadsworth is not supportive of straight retail zoning on this property, but he is generally supportive of residential frontage. He has great concerns about vacant commercial property, and he is concerned about the market value of this property. He doesn't know that commercial only facing Broadway for the frontage roads will be beneficial to Prosper. He is supportive of a planned development in an I ort to address concerns of both the residents and the applicant. vin Drown likes the compromise of residential at the office end of this development. He is supportive of looking at this as a planned veiopment Page 3 of 6 Lisa Dritschler is concerned about what will be a permitted use and architectural guidelines. She is supportive of a planned development. e appreciates the compromise of the applicant for residential development on the east side of Craig Street. She would like to see Staff d the applicant go back to work on this as a planned development, and bring it back to Council. otioned by Mike Wadsworth, seconded by Lisa Dritschler to table this item until the first regularly scheduled meeting in September, which is September 14, 2004, so that staff and the applicant can work on a PD to bring back with retail uses on the east side of the property, and residential use on the west side of the Property, with the PD encumbering the current bank side as office zoning. Motion approved 4-0. 9. A public hearing to consider and act upon a request to amend Zoning Ordinance No. 84.16 regarding regulations for vineyards, wineries, and bottling works uses (Z04-14), (MH) Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 8:51 p.m. Joseph Anseimo, 36 A Rhea Mills Circle — He is the applicant and he is here to answer any questions that the Council has. Lisa Dritschler asked if the state's definition of winery includes storage, and Mr. Anselmo said that it does. Motioned by David Bristol, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 8:54 p.m. Motioned by David Bristol, seconded by Kevin Drown to approve a request to amend Zoning Ordinance No. 84-16 regarding regulations for vineyards, wineries, and bottling works uses (Z04-14) subject to staff recommendations. Motion approved 4-0. 10. A public hearing to consider and act upon a request to rezone 0.2+ acre located on the north side of Broadway Street, 200+ to west of Main Street from Single Family -1 to Commercial (Z04-13). (MH) ioned by Kevin Drown, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0. or Charles Niswanger opened the public hearing at 9:07 p.m. Joseph Anselmo, 36 A Rhea Mills Circle — He is the applicant and is available to answer any questions the Council has. Mike Wadsworth asked if he owns the building, and Mr. Anselmo stated that he does not. Motioned by Mike Wadsworth, seconded by Kevin Drown to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 9:09 p.m. Motioned by Kevin Drown, seconded by Mike Wadsworth to approve a request to rezone 0.2± acre located on the north side of Broadway Street, 200+ feet west of Main Street from Single Family -1 to Commercial, subject to approval of item #9. Motion approved 3-1. David Bristol opposed the re -zoning. DEPARTMENT ITEMS 11. Discuss preferences of date, time and location of work sessions/retreats to update and prioritize goals, projects, tasks and activities. (DM) Council would prefer to stay away from the weekends and do the sessions on off Council Tuesday evenings. These would serve predominately as sessions for council to meet and discuss goals and projects, not with Town Directors, but with fellow Council members, the Town Administrator and the Town Secretary. Suggested dates were Sept. 7, 2004 and September 21, 2004. Meetings would be held behind Town Nall in the portable building. Ikavid Bristol suggested having someone come to facilitate the meeting so that both the Mayor and Doug can completely pay attention and e part in discussion, and someone else can facilitate the dialogue. . Discuss and act upon the assessment of impact fees for non-residential development. (DM) Page 4 of 6 Motioned by Lisa Dritschler, seconded by Mike Wadsworth to reduce thoroughfare impact fee rates to 40% of the actual rate for retail and j3. mmercial sales tax generating land uses. Motion approved 3-1. David Bristol was opposed. Consider and act upon an amendment to an agreement between the Town and the City of Celina regarding the provision of ergency ambulance services and a resolution authorizing the Mayor to execute the same, (DM) Council asked Ronnie Tucker questions they had regarding the ambulance service contracts. Ronnie Tucker provided them with information regarding ambulance services and how the process works. Motioned by Mike Wadsworth, seconded by Kevin Drown to approve an amendment to an agreement between the Town and the City of Celina regarding the provision of emergency ambulance services and a resolution authorizing the Mayor to execute the same. Motion approved 4-0. 14. 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 David Bristol, seconded by Mike Wadsworth to approve 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. Motion approved 4-0. 15. Review and discuss July 2004 Activity Reports for the following departments and committees: • Administration • Police Department • Fire Department • Planning Department • Prosper E.D.C. • Public Works • Inspections • Communications Committee • Parks and Recreation Committee Council reviewed the July 2004 activity reports. Kevin Drown asked about the progress of the water line and the Mayor responded that getting past Parvin Creek was the difficulty. Doug Mousel stated he thought it would be about two to three weeks before the line is complete. Fire Chief Ronnie Tucker stated that an open house for the lire Department will be September 26, 2004 at the new fire house from 2:00 p.m. to 4:00 p.m. They will be having a cook -out. David Bristol asked Bill Little where the Town is on the water restrictions. Bill Little stated that the Town will stay at Level 4 in order to give the wells the ability to rest and fill back up to full capacity until the new water line is complete. Council finished discussion on the activity reports and moved back to address items is -10 in order to begin the public hearings. 16. Discuss 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 . Discuss the concept of scheduling a "take your Council Member to work day." (MW) wanted to address the concept of Council potentially coming to work to learn more about what the Directors do. Doug suggested that ere is an open door for Council to come to work with the Directors at any time. Page 5 of 6 18. Discuss procedures for public comment during public hearing and non-public hearing agenda topics. (MW1DB) e Wadsworth was concerned about whether or not people are consistently being addressed during a non-public hearing item. He is e with whatever Council decides, but he would like to see Council be consistent in addressing developers, home owners associations, ik, Doug Mousel stated that the policy and procedures manual will speak to how individuals are addressed in meetings. David Bristol would like to see an interim policy which will address how many times people can talk during a public hearing, while still giving the Mayor the opportunity to run the meeting as he sees fit. The Mayor would like to work with the Town Secretary to put an interim policy in place and bring it back to Council, 19. Discuss Co-Sery gas rates. (DB) David Bristol would like to address how Council can establish new rates in order to decrease gas rates to the citizens. 20. possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Mike Wadsworth would like to possibly address the ultimate cost of full build -out for water and sewer structure to the Town. 21. Adjourn Motioned by David Bristol, seconded by Kevin Drown to adjoum the meeting. Motion approved 4-0. Meeting was adjourned at 9:39 p.m. Attest: ae Jennings, Town "I ry P_J Charl isw ger, Mayor Mage 6 of 0