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09.14.2004 Town Council Minutes4P) 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, September 14, 2004 6:00 p.m. 1. Call to Order I Roll Call. Meeting was called to order at 6:06 p.m. Rall call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Ane Casady, Devin 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; Police Chief, Kirk McFadin and Town Secretary, Shanae Jennings. 2. Invocation and Pledge of Allegiance Invocation was given by Councilman Mike Wadsworth. The Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events tioned by Lisa Dritschler, seconded by David Bristol to move to item 4 and come back to item 3 after the executive session. Motion Wurovd e5-0. nciI reconvened from executive session at 7:45 p.m. and re -addressed item 3 at that time. Doug Mousel stated that there would be an open house for the new central fare station on Sunday, September 26, 2004, beginning at 2:04 p.m. EXECUTIVE SESSION 4. Recess into Closed Session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.071 Consultation with the Town Attorney regarding a matter (s) in which the duty of the Town Attomey under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding a: a) Settlement offer by Fishtrap Properties 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) Potential land use and development agreement for a property containing approximately 201.55 acres on the south side of CR 5, approximately 1,500 feet west of CR 49. c) Development agreement for the Lakes of La Cima, a property containing approximately 457.5 acnes at the southwest comer of CR 74 (Coli Road) and CR 78 (last First Street). Council recessed into executive session at 6:08 p.m. Reconvene into regular session and take any action necessary as a result of the closed session uncil reconvened into regular session at 7:45 p.m. No action was taken as a result of the executive session. CONSENT AGENDA Pagc i of 5 (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 rgle item without comment and may submit written comments as part of the official record.) Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings; (SJ) August 23, 2004 Joint Session of the Prosper ISD Board of Directors and Town of Prosper Town Council August 24, 2004 Regular Meeting August 31, 2004 Special Session FINANCIALS b. Consider and act upon the financial statements ending August 31, 2004. (AL) ORDINANCES & RESOLUTIONS c. Consider and act upon an ordinance increasing the municipal contributions to the service annuity reserve of members of the Texas Municipal Retirement System. (DM) d. Consider and act upon an ordinance for 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 2004-22, Winikates). (SJ) e. Consider and act upon an ordinance rezoning 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 (Z04-16). (MH) AGREEMENTS f. Consider and act upon an amendment to the Interlocal Jail Services Agreement between the Town of Prosper and Collin County and a resolution authorizing the Mayor to execute the same. (KM) g. Consider and act upon an amendment to the Interlocal Agreement for Child Abuse Investigation between the Town of Prosper and Collin County and a resolution authorizing the Mayor to execute the same. (KM) h. Consider and act upon an agreement between the Town of Prosper and the City of Frisco regarding dispatch services for the Fire Department and resolution authorizing the Mayor to execute the same. (RT) ANNEXATION PETITIONS i. Consider and act to accept a Petition presented by Tommy and Linda Bailey, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, Containing approximately 3.350 acres of land, and being more generally located at the east side of Dallas Parkway, 1,300± feet north of Prosper Trail. (A 2004-23, Tommy Bailey) (SJ) i. Consider and act to accept a Petition presented by Swisher Partners, L.P., and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in William H. Thomason Survey, Abstract No. 895, Collin County, Texas, containing approximately 39.307 acres of land, and being more generally located at the north side of East First Street, 1,000+ feet east of Colt Road. (A 2004-24, Swisher Partners, L.P.) (SJ) k. Consider and act to accept a Petition presented by Elizabeth Barlow Dauterman and Charles Green, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in William H. Thomason Page 2 of 5 Survey, Abstract No. 895, Collin County, Texas, containing approximately 36.05 acres of land, and being more generally located at the east side of Coit Road, 1,500+ feet north of East First Street. (A 2004-25, DautermanlGreen) (SJ) I. Consider and act to accept a Petition presented by Walnut Grove Cemetery Association, and to set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing approximately 10.962 acres of land, and being more generally located at the northwest canner of Custer Road and Prosper Trail. (A 2004-26, Walnut Grove Cemetery Association) (SJ) PLATS AND SITE PLANS m. 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 Coit Road, 1,200± feet south of Prosper Trail (1304-16). (MH) n. Consider and act upon approval of an amended plat for Highland Meadows, Phase 3, Block D, Lots 8R-11 R being four lots on 4.3± acres at the southeast corner of Fair Oaks Lane and Blue Forest Lane (D04-21). (MH) Motioned by Lisa Dritschler, seconded by Ane Casady to approve the consent agenda as presented. Motion approved 5-0. 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 agenda. Please complete a "Public Comments Form" and present it to the Town Secretary prior to the meeting.) Comments by the Public There were no comments by the public. REGULAR AGENDA j-rh ou 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 retary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those ing to speak on a non-public hearing related item will be recognized on a case -by -ease basis, at the discretion of the Mayor and Town Council.) PUBLIC HEARINGS /ASSOCIATED ORDINANCESIPLATS 8. A public hearing to consider and act upon 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 Colt Road (D44-20). (MH) The applicant has requested that this item be deferred to a future meeting. Motioned by Lisa Dritschler, seconded by Mike Wadsworth to defer this item to a future date. No public hearing was held as a result of the applicants request to defer this item. Motion approved 5-0. 9. A public hearing to consider and act upon a request to rezone 16.2± acres at the northwest corner of Preston Road and East First Street from Single Family -1 to Retail and Office (Z04-12). (MH) Motioned by Mike Wadsworth, seconded by Ane Casady to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 7:54 p.m. Jeff Carrol, Callaway Carrol Architects, 17770 Preston Road, Dallas, TK — He has worked with the Planning Director, Mitch Humble, to arrive at an agreement on most issues concerning the proposed development for this land. The only thing Mr. Carroll would like to see remain an option, that the Town is not in agreement with, is for them to be able to keep two corners open for a convenience store. Staff indicated they are in favor of one corner for a convenience store, but not two. Muck . Winikates, 5948 Milshire, Dallas, TX — He is the owner of the property. He said he has tried to get a convenience store to go in this roperty for years, but has not been successful until now. Mr. Winikates said he is fine in agreeing to let there be only one corner with a IV venience store. 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 8:03 p.m. Page 3 of 5 otioned by Mike Wadsworth, seconded by Ane Casady to approve a request to rezone 16.2± acres at the northwest corner of Preston Wad and East First Street from Single Family -1 to Retail and Office subject to the attached planned development standards and zoning R hibits, and subject to a convenience store and gas pumps being limited to either the corner of SH 289 and Broadway, or to the corner of 9 and First Street, but not both. Motion approved 5-0. DEPARTMENT ITEMS 10. Consider and act upon a resolution suspending the effective date of CoSery Gas Ltd's requested rate changes. (DM) David Bristol stated that he read the entire proposal by CoSery to the Town of Prosper and would like to look deeper into the loop holes before the Town acts to do anything which would affect the rate. Motioned by David Bristol, seconded by Lisa Dritschler to approve a resolution suspending the effective date of CoSery Gas Ltd's requested rate changes. Motion approved 5-0. 11. Review and discuss August 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 Ovid Bristol asked why we haven't appointed the alternate to fill the empty seat for the Parks and Recreation Board. It was pointed out by Staff that the Ordinance does not provide for alternates; therefore, it technically does not allow for an alternate to be appointed. However, if Council would like the ability to appoint alternates the Ordinance can be amended to allow for it. Council would like staff to submit the new applications which have been received by the Town for the open seat on the board, as well as the originally proposed alternate at the next meeting. They would like to make a selection at the next meeting out of these candidates for appointment to the Parks and Recreation Board. 12. Discuss a request by the Prosper Independent School District to reimburse building permit fees and waive impact fees for the La Cima Elementary School. (DM) Doug indicated he would like to receive direction from Council on this issue. In order to get direction he asked the Council two questions; aj What communities would Council like for him to research in order to see who waives impact fees; and b) Is there anything that the school district can do to snow that they are willing to work hand in hand with the Town in lending resources or helping in any capacity they can, when possible, if the Town were to waive impact fees? Ane Casady would like to see what smaller cities that are closer to the size of Prosper do regarding their impact fees. Lisa Dritschler is a proponent of waiving fees; she believes the PISA and Town need to work together. David Bristol would not be in favor of waiving building permit fees; however, he is willing to extend cooperation in waiving impact fees, in the hopes that the school district would help the Town out whenever possible. ,akouncil directed the Town Administrator to work with the school superintendent regarding the impact fees and requested that an action m be placed on the next agenda. 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) Page 4 of 5 Fire Chief Ronnie Tucker spoke. He stated that he has spoken with Lisa Dritschler and Kevin Drown, and emailed with the rest of the Aikouncil on this issue, as well as met with some homebuilders regarding this proposed Ordinance. He conveyed to Council that he is oposing the new Ordinance in order to have the most updated regulations in place, and to keep in sync with what most of the rrounding cities will be moving towards. The one remaining and unresolved issue still at hand is the definition of under roof, and what is considered under roof. Under roof could be considered simply under roof, if you were looking down from above, what is under roof is what would be considered under the entire roof. The other way to look at under roof would be to consider what is under air conditioned space, or what is under AC. In the existing Ordinance houses which are 6,909 square foot under roof are the ones which need fire suppression sprinklers. Ronnie would like to keep the newly adopted Ordinance consistent with the existing one where the sprinkler system and square footage is concerned. Lisa Dritschler does not think it is practical to keep it this way, when comparing with other cities existing Ordinances and national statistics, to have a water suppression sprinkler be required in a home that is 6,000 square feet under roof. She thinks under roof should not include the garage and patio space, but should include only the area under AC. Michael Beatty, 4516 Lovers Lane, Dallas - He said he knows that homes are losing architectural value in design just so they can stay 6,000 square foot under roof. Dave Williams, 1821 Gentle Way, Prosper, TX — He does not believe this is all about money which he thinks the Fire Chief is focusing on, he believes it's about what the citizens of Prosper want and what they are willing to pay for. Motioned by Lisa Dritschier, to approve an ordinance repealing Ordinance Nos. 89-3, 96-19, 99-22 and 91-14 and adopting the 21303 Edition of the International Fire Code and adopting amendments thereto, with the exception that automatic fire sprinkler systems pertain only to residential houses that are 6,000 square foot or greater under air conditioner. Motion died for lack of a second. Mike Wadsworth asked, prior to the motion dying, if she would consider amending the motion to state 5,500 square feet under air condition versus 6,000 and she said she would not be open to amending the square footage. 0-ndotioned by Mike Wadsworth, seconded by David Bristol to approve an ordinance repealing Ordinance Nos. 89-3, 96-10, 99-22 and 01.14 adopting the 2003 Edition of the International Fire Code and adopting amendments thereto, with the exception that automatic fire inkler systems pertain only to residential houses that are 5,590 square feet or greater under air condition instead of under roof. Motion pproved 4-1. Lisa Dritschler opposed. 14. Discuss recent and upcoming activities of the Mayor and Town Administrator. (DM{CN] There was no detailed discussion of recent and upcoming activities of the Mayor or Town Administrator. 15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Lisa Dritschler would like to discuss appointments to the Youth Advisory Board. 16. Adjourn Motioned by Mike Wadsworth, seconded by Ane Casady to adjourn the meeting. Motion approved 5-0. Meeting was adjourned at 9:29 P.m. Attest: anae Jennings, T n Secretary Charles N' wanger, or page 5 of 5