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08.24.2004 Town Council Minutes;IO Town Of Prosper Call to Order/ Rall Call. Minutes (approved) Regular Meeting of the Prosper Town Council 601 South Church Street Prosper First Baptist Church Children's Building (S. Wing) Tuesday, August 24, 2004 6:04 p.m. Meeting was called to order at 6:04 p.m. Roll call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Kevin Drown, Mike Wadsworth and Ane Casady. David Bristol arrived at 6.21 p.m. Staff present included: Town Administrator, Doug Mousel; Director of Planning, Mitch Humble: and Town Secretary, Shanae Jennings. 2. Invocation and Pledge of Allegiance Invocation was given by Councilman Mike Wadsworth. The Pledge of Allegiance followed. I Announcements of dates and times of upcoming community events ere were no announcements of upcoming community events. CONSENT AGENDA Ims placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can ae 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) « August 10, 2404 Regular Meeting August 12, 2004 Special Session PLATS & SITE PLANS b. Consider and act upon approval of a preliminary plat for Whispering Farms, Phase 2, being 52 single family lots on 121.1± acres located on the east side of Colt Road, 1,200± feet south of Prosper Trail (1304-16). (MH) c. Consider and act upon approval of a site plan for the Lakes of La Cima Amenity Center on one lot on 2.1f acres on the west side of La Cima Boulevard,1,050± feet north of University Drive (004.19). (MH) DINANCES & RESOLUTIONS d. Consider and act upon an ordinance rezoning 0.4# acre located at the southeast corner of Coleman Street and Fifth Street from Single Family -1 to Retail (Z04.11). (MH) Page l of e. Consider and act upon an ordinance amending Zoning Ordinance No. 84-16 regarding regulations for vineyards, wineries, and bottling works uses (Z04.14). (MH) f. Consider and act upon an ordinance rezoning 0.2t acre located on the north side of Broadway Street, 200± feet west of Main Street from Single Family -1 to Commercial (Z04-13). (MH) g. Consider and act upon an ordinance to increase the speed limit on CR 81 from 35 mph to 45 mph. (KM) AGREEMENTS h. Consider and act upon a Pipeline License Agreement between the Town and the Burlington Northern and Santa Fe Railway Company and a resolution authorizing the Mayor to execute the same. (DM) FINAL ACCEPTANCE Consider and act upon the final acceptance of the La Cima lift station. (BL) Doug Mousel recommended pulling items 4b and 4i to be discussed separately. Motioned by Lisa Dritschler, seconded by Mike Wadsworth to pull items 4b and 4i from the consent agenda, and approve the rest of the consent agenda as presented. Motion approved 4.0. Item 4b - the applicant requested we remove and table this item until September 14, 2004. Motioned by Mike Wadsworth, seconded by vin Drown to table item 4b until September 14, 2004. Motion approved 4-0. 4i- this item has some issues that still need to be tended to according to the Town Administrator. Doug Mousel suggested this item eferred until a later meeting and council concurred. PUBLIC COMMENTS (The public is invited to address the Councii 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.) 5. Comments by the Public There were no public comments tonight. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, ptease 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 6. Conduct a public hearing and consider and act upon the FY 2004-2005 Town and Prosper Economic Development Corporation budgets. (DM) tioned by Mike Wadsworth, seconded by Kevin Drown to open the public hearing. Motion approved 4-0. yor Charles Niswanger opened the public hearing at 5:11 p.m. re were no comments on this public hearing. Motioned by Kevin Drown, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 6:12 p.m. Page 2 of 5 g Mousel stated that the final approval of the budgets and proposed tax rate will be Tuesday, August 31, 2004. Conduct a public hearing on the Town's proposed tax rate for FY 2004-2005. (DM) Motioned by Mike Wadsworth, seconded by Kevin Drown to open the public hearing. Motion approved 4-0. ,payor Charles Niswanger opened the public hearing at 6:13 p.m. Mike Chitwood, 1205 Chandler Circle, Prosper, TX — He read that this was a 57°/o tax rate hike. Doug Mouse] stated that the old and new Town Council's have made concerted efforts to ensure that the residents have been informed about the issue. All meeting were conducted in public session, press releases have been sent out, and the notices are always published in the newspaper. Additionally, all things related to the tax increase have been listed on Town Council agenda's, which are emailed out to those residents or individuals who register to receive emails from Town Hall, as well as posted on the Town's website. Lisa Dritschler stated that it is an increase of approximately 48%. She explained that most of this increase is due to necessary infrastructure, and also pointed out that a portion of the increase supports our debt while another portion supports our maintenance and operation. Paul Evans, 612 Creekview, Prosper, TX — He was aware of the increase, but was not aware of the amount of the increase. He is concerned about the extreme jump, versus doing it incrementally. Otherwise, he had no other concerns. Motioned by Mike Wadsworth, seconded by Kevin Drown to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 6:34 p.m. Council moved to item 12 at this time so that public hearings could be held at the time they were published in the paper, which is 7:00 p.m. Second Public Hearing to consider the proposed voluntary annexation of a tract of land situatedin the Collin County School d Survey, Abstract No. 147, Collin County, Texas, containing 5.545 acres of land, and being more generally located at the heast corner of FM 1193 and Craig Road (A 2004-22, Winikates). (SJ) 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. Motioned by Kevin Drown, seconded by Mike Wadsworth to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 7:47 p.m. 9. A public hearing to consider and act upon approval of a replat and preliminary plat for Whispering Farm Retail, being a church, a day care center, a convenience store with gas pumps, and four office buildings on seven lots on 10.4± acres at the southeast corner of Prosper Trail and Coit Road (D04-20). (MH) The applicant submitted a letter to the obligation of the Town to act upon the plat within 30 days of its filing date, and requested that the item be postponed. Motioned by Mike Wadsworth, seconded by David Bristol to table item 9. Motion approved 5-0. 10. A public hearing to consider and act upon a request to rezone 3.8± acres located on the east side of Preston Road, 2,000t feet north of Broadway Street from Single Family -1 to Retail (10415). (MH) Mitch recommends zoning the existing building to retail and the backside of the land to office. Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 5-0. or Charles Niswanger opened the public hearing at 7:51 p.m. ,I-V oned by Lisa Dritschler, seconded by Kevin Drown to close the public hearing. Motion approved 5-0. . yor Charles Niswanger closed the public hearing at 7:51 p.m. Motioned by Mike Wadsworth, seconded by Lisa Dritschler to approve a request to rezone 3.8± acres located on the east side of Preston Road, 2,000± feet north of Broadway Street from Single Family -1 to Retail (144-15) and zone the west side of the property as retail and Page 3 of 5 the east side of the property as office in compliance with the land use pian, and instruct staff to amend the drawings accordingly in unction with the applicants. Motion approved 5-0. A public hearing to consider and act upon a request to rezone 27.41 acres on the north side of East First Street, 2,240± feet of Hays Road from Single Family -1 to Planned Development -Single Family -1 & 2 (Z04-16). (MH) Motioned by David Bristol, seconded by Kevin Drown to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 7:58 p.m. Steve Hefley, 220 Bidden Lake Drive, Prosper, TX — He wanted to ensure that the only thing that was being requested was a difference in the width of the lots and the setback, as well as firming up the development standards. He requested some clarification on what "firming up development standards meant. Mitch Humble gave a brief description of what the development standards entail. Motioned by Llsa Dritschler, seconded by Mike Wadsworth to close the public' hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 8:04 p.m. Motioned by Kevin Drown, seconded by David Bristol to approve a request to rezone 27.4± acres on the north side of East First Street, 2,200± feet east of Hays Road from Single Family -1 to Planned Development -Single Family -1 & 2, subject to the attached planned development standards and zoning exhibits. Motion approved 5-0. DEPARTMENT ITEMS 12. Discuss and provide direction to staff regarding potential truck routes within the Town. (KPI) of McFarlin recommended via a memo that he did not believe it was necessary to proceed in creating a no through truck route for CR Mayor Charles Niswanger would like to see some traffic studies conducted on the roads prior to any no truck route being imposed. Lisa Dritschler thinks trucks will be going in front of the high school in either direction regardless of whether CR 48 is a no through true route. Furthermore, Broadway and Business 28911461 are State Highway maintained, so why not allow them to travel only those roads which are maintained by the State, and save the Town money Io future road maintenance. Mayor Charles Niswanger would like Council and Staff to further look into this item and bring it back for future discussion. He would like staff to look into the possibility of right turn lanes for Broadway and Business 28911461. 13. Consider and act upon an ordinance repealing Ordinance Nos. 89-"s, yv- 111, �-e2 and U I.1'F a 1u aualithdp"IL cvva Lm"MEditin of the International Fire Code and adopting amendments thereto. (RT) Doug Mousel requested that Council postpone this item. Council concurred that postponing this item would be fine. 14. Consider and act upon the appointment of an individual to fill a vacancy on the Parks and recreation Board. (MH) Harold Patin resigned from the Parks and Recreation Board today, as well as did Sara Fitzhugh last week. Therefore, there are now two open spaces on the board to be filled. One will be for a term of two years; the other will be for the remainder of a nine month term. Mike Wadsworth recommends appointing Scott Sigman, who originally applied and has indicated he is still interested to serve out the two year term. boned by Mike Wadsworth, seconded by Lisa Dritschler to appoint Scott Sigman on the Parks and Recreation Board to fill Sara Hugh's seat, and have staff advertise to fill the vacancy of Herald Patin's seat. Motion approved 5-0. Discuss and provide direction to staff regarding a potential land use and development agreement for a property containir approximately 201.55 acres on the south side of CR 5, approximately 1,500 feet west of CR 49. (DM) Page 4 of 5 Thomas Stroh, 3030 LBJ Freeway, Ste. 910, Dallas, TX. and Bill Dahlstrom, 3030 LBJ Freeway, Ste. 910, Dallas, TX - They are the I1plicants regarding this land use and development agreement. 1 Dahlstrom spoke; he would like to work with the Council to come up with a development agreement that is goad for both them and the wn. Mr. Stroh spoke and stated that the project consists of approximately 201 acres, west of the proposed toliroad alignment. It further consists of approximately 612 lots; yielding density of 3.1 unites per acre. This site is outside of the Town limits right now, and they would be proposing to annex portions of it into the Town. Mayor Charles Niswanger asked how soon this land might be developed, and they stated in approximately two years. Lisa Dritschler is concerned about this project not being consistent with the Master Plan created by the Town. , Mike Wadsworth asked why they wanted to do a development agreement versus the Town's customary annexation route. Mr. Stroh stated that the zoning they would receive upon annexation would not be consistent with what they want and need. With that, he further indicated that they can do an agreement with the Town which would allow them to do what the Town wants, and what they want as well, to an extent. Density, lot size, access, and cost of acquisitions of off-site easements are the major concerns that Council and staff have with this agreement. Staff would like to stick with Prosper's set standards of development, but are willing to be flexible if they can find the terms of the agreement acceptable. There may be need for additional legal counsel regarding utility provisions before anyone moves further in discussions. Mayor Charles Niswanger would like legal counsel to look at the agreement and offer advisement to Council before any forward movement is made. ug Mousel suggested getting guidance from legal counsel as well, and then provide additional direction to the developers. unci) moved back to the public hearings, beginning with item 8 at this time. Public hearings began at approximately 7:46 p.m. 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. 17. Adjourn Motioned by David Bristol, seconded by Mike Wadsworth to adjourn the meeting. Motion approved 5.0. Meeting was adjourned at 8:15 P.M. Attest: Charles Ni ger, Ma Page 5 of 5