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10.26.2004 Town Council Minutes4; 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, October 26, 2004 6:00 p.m. I. Call to Order ! Roll Call. Meeting was called to order at 6:08 p.m. Rall call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dntschler, Ane Casady, Kevin Drown, Mike Wadsworth and David Bristol. Staff present included: Town Administrator, Doug Mouse]; Director of Planning, Mitch Humble; and Town Secretary, Shanae Jennings. 2. Invocation and Pledge of Allegiance Invocation was given by Mr. Lyn McGlaughlin of the Assembly of God Church. Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events, including, but not limited to: a) Downtown Tree Lighting Event — Thursday, December 2, 2804 %ay,emrCharles Niswanger introduced the staff writer for the new newspaper which will begin circulation on a weekly basis the first week of vber. The paper will be called the Prosper Press. 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 Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the open Meetings Act regarding 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; and Council recessed into executive session at 6:11 p.m. 5. Reconvene into regular session and take any action necessary as a result of the closed session Council reconvened from executive session at 7:15 p.m. No action was taken as a result of the executive session. Councilperson Mayor Pro -Tem Lisa D6tschler had to leave the meeting at 7:13 to attend to personal matters. 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.) Consent Agenda UTES a. Consider and act upon minutes from the following Council meetings: (SJ) Page 1 of 5 va October 12, 2004 Regular Meeting ned by Mike Wadsworth, seconded by Ane Casady to approve the consent agenda. 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 agenda. Please cornplete a "Public Comments Form` and present it to the Town Secretary prior to the meeting.) 7. 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, 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 8. Presentation of Service Plan and Second 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 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) Motioned by David Bristol, seconded by Kevin Drown to open the public hearing. Motion approved 4-0. fa yor Charles Niswanger opened the public hearing at 7:20 p.m. Wre were no comments regarding this public hearing. Motioned by Ane Casady, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:20 p.m. 9. Presentation of Service Pian and Second Public Hearing to consider the voluntary annexation of a tract of land located in William H. Thomason Surrey, 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) Motioned by David Bristol, seconded by Ane Casady to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:21p.m. There were no comments regarding this public hearing. 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 7:21 p,m. 10. Presentation of Service Plan and Second Public Hearing to consider the voluntary annexation of a tract of land located in William H. Thomason 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, Dautermani'Green) (SJ) ,O nod by Kevin Drown, seconded by Ane Casady to open the public hearing. Motion approved 4-0. yor Charles Niswanger opened the public hearing at 7:22 p.m. There were no comments regarding this public hearing. Page 2 of 5 Motioned by David Bristol, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0. ayor Charles Niswanger closed the public hearing at 7:22 p.m, Presentation of Service Plan and Second Public Hearing to consider 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 corner of Custer Road and East First Street. (A 240426, Walnut Grove Cemetery Association) (SJ) Motioned by Mike Wadsworth, seconded by Kevin Drown to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:23 p.m. There were no comments regarding this public hearing. Motioned by Ane Casady, seconded by David Bristol to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:23 p.m. 12. A public hearing to consider and act on approval of a replat of the Mitchell Addition, Block 2, Lots 1 R, 2R, and 3R, being three single family lots on 0.61 acres at the northwest corner of Coleman Street and W. Fifth Street. (DO4-23). (MH) The applicant was unable to be here tonight and waived his right to a public hearing within 34 days. They requested that Council table this Rem to a later date, ff possible. Motioned by Mike Wadsworth, seconded by David Bristol to defer action on this item to the November 9, 2004 Town Council meeting. Motion approved 4-0. 13. A public hearing to receive testimony andlor written evidence regarding the Town's proposed Comprehensive Master Plan. (DMIMH) Zaoned by David Bristol, seconded by Ane Casady to open the public hearing. Motion approved 4-4. or Charles Niswanger opened the public hearing at 7:261 p.m. re were no comments regarding this public hearing. Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:27 p.m. 14. Consider and act upon an ordinance adopting a Comprehensive Master Plan. (DM/MH) David Bristol does not feel the Comprehensive Master Plan is a satisfactory product, written in its current content, to accept and approve. He believes the staff has spent an exorbitant amount of time making corrections that the contractor should have made themselves. However, he does concur with the findings and the goals of the plan as it is written overall. Motioned by David Bristol, seconded by Mike Wadsworth to adopt the Comprehensive Master Plan, with the exception that spelling, syntax and content corrections be made, and a better editorial review is made by the contractor. Mofion approved 4-0. AGREEMENTS 15. Consider and act upon a development agreement between the Town of Prosper; PITC 380 Prosper, Ltd.; and Mustang- Midway Plano, Ltd. regarding the takes of La Cima property and a resolution authorizing the Mayor to execute the same. (DM) Motioned by Mike Wadsworth, seconded by Ane Casady to approve a development agreement between the Town of Prosper; PDC 380 Affirosper, Ltd.; and Mustang-Midway Plano, Ltd. regarding the Lakes of La Cima property and a resolution authorizing the Mayor to execute e same. Motion approved 4-0. Page 3 of 5 DEPARTMENT ITEMS Discuss and provide direction to staff regarding the renaming of C.R. 78 and C.R. 79 to East First Street. (MH) aff gave a brief background on this agenda item, and stated that a few community members are opposed to renaming CR 78 and CR 79 to E. First Street; however, they are not opposed to renaming the street in general. Staff recommends that this street be named E. First Street for the sake of consistency, such as 911 issues, delivery issues, etc. Glen Gammons„ 6564 CR 79, Prosper, TX. 75078 — He said that he and a few other members of this area where the street will be renamed are not opposed to renaming this street in general; however, they would like for the name to be more consistent with the historical significance of this area, as opposed b E. First Street. Additionally, they don't feel this street warrants the name of E. First Street, because there is not a second, third or fourth street around it running east and west. The Mayor and David Bristol would like to see the name of the street stay First Street throughout, and make it an East First Street and West First Street. David Bristol would also like to create a street naming system by way of a database so that future streets will have a strategic system in how they are named. Although Kevin Drown does not have any objections to renaming the street in honor of someone or for historical purposes, he is favorable to keeping it as E. First Street and using this issue as a lesson teamed to create a street naming system. Ane Casady is in favor of seeing the street named after an honorary figure in the community, but she also agrees with wanting to see the street named the same throughout. Mike Wadsworth thinks the street should remain named E. First Street, for such issues as safety and prevention of confusion. Council provided direction to staff to forward the street re -naming request to the County as East First Street, and they would also like to appoint Ane Casady as the council representative to the historical society. It is the Council's desire that by appointing Ms. Casady as the Council's representative to the historical society, that she will be able to bring back some suggested street names with historical significance, which can then be presented to staff so that developers can consider them for future street names. . Discuss employment projections associated with the Town's Needs Assessment Study and Facilities Master Plan. (DAN) is item will be postponed to the November 9, 2004 Town Council meeting. At that time, more thorough employment projections will be presented to Council in association with the Town's Needs Assessment Study and Facilities Master Plan. 18. Consider and act upon a resolution to reinforce a commitment to enter into an intergovernmental joint use agreement. with Collin County to design, build and operate an animal control facility. (DM) The SPCA will be terminating services with Collin County areas for animal control issues after December 2005. The County has taken the initiative to begin discussions on building a shelter and have various Collin County cities/towns utilize it on a pro rata basis. Motioned by Mike Wadsworth, seconded by Ane Casady to approve a resolution to reinforce a commitment to enter into an intergovernmental joint use agreement with Collin County to design, build and operate an animal control facility. Motion approved 4-0. 19. Discuss recent and upcoming activities of the Mayor and Town Administrator. (DMICN) The Mayor and Town Administrator gave a brief overview of some of the meetings they have attended in the past couple of weeks. 20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. There were no topics suggested for future meetings. 21. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.074— Deliberations about Personnel Matters regarding: a) Evaluation of the Town Administrator including, but not limited to: i) The general format of the evaluation; ill The timing of the evaluation; Page 4 of 5 iii) Flow each Council member will interact in the evaluation process; and iv) How the evaluation will be presented to the Town Administrator. b) duties of the Town Administrator. Mayor Pro -Tem Lisa Dritschler requested that Council postpone this item for discussion at a future council meeting so that she may be part of it. She had to leave the meeting early due to a family emergency. The Mayor supported this idea, so long as the Council had no objections. The Council did not object; therefore, this item will be discussed at a later date when a full Council can take place in the discussion. Motioned by Mike Wadsworth, seconded by Kevin Drown to defer this item to November 9, 2004 meeting. Motion approved 4-0. 22. Reconvene into regular session and take any action necessary as a result of the closed session. There was no executive session held. 23. Adjourn Motioned by Mike Wadsworth, seconded by David Bristol to adjourn the meeting. Motion approved 4-0. Meeting was adjourned at 8:47p.m. Attest: t� Charles Niswa6ger, Mayor Page 5 of 5