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11.09.2004 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, November 9, 2004 6:00 p.m. Town Of Prosper 1. Call to Order I Roll Call. Meeting was called to order at 6:05 p.m. Rall call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Ane Casady, Kevin Drown, Mike Wadsworth and David Bristol. 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 David Vestal of the Lighthouse Christian Fellowship Church. Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events The annual tree lighting is scheduled for Thursday, December 2, 2004 in downtown Prosper, beginning at 6:00 p.m. CONSENT AGENDA ems 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) • October 26, 2404 Regular Meeting • November 2, 2004 Special Session ANNEXATION ORDINANCES b. 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 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 204423, Tommy Bailey) (SJ) c. Consider and act upon an Ordinance 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 corner of Custer Road and East First Street. (A 2004-26, Walnut Grove Cemetery Association) (SJ) AL ACCEPTANCE d. Consider and act on a request for final acceptance of Stonecreek Commercial, being an office building on two lots on 5.0± acres on the west side of Preston Road, 150± feet north of Broadway Street (17)X-13). (MH) Page 1 of 6 INANCIALS 0 e. Consider and act upon the financial statements ending October 31, 2004. (AL) Motioned by Mike Wadsworth, seconded by Lisa Dritschler to pull item 4d from the consent agenda for separate consideration, citing fiduciary conflict of interest on the item for Mike Wadsworth. He has filed an abstention affidavit with the Town Secretary's Office, which has been filed in the permanent records. Motioned by Lisa Dritschler, seconded by Mike Wadsworth to approve consent agenda items 4a -4c, as well as 4e. Item 4d will be acted on under separate consideration. Motion approved 5-0. Motioned by Lisa Dritschler, seconded by David Bristol to approve consent agenda item 4d, subject to confirmation of completion of construction items as noted by the Town engineer. 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 complete a 'Public Comments Form" and present it to the Town Secretary prior to the meeting.) Comments by the Public Joe Hickman. 1400 Preston Road, Plano, TX. — He asked that Council allow Blue Star to present a concept plan for the intersection of Preston Road and US 380. Roy Wilshire, Kimley Ham - 12700 Park Central Drive, Plano, TX — He gave a presentation of the concept plan for Blue Star and Joe Hickman. They proposed a future region retail facility, with roadways tying back into the existing downtown. Along 380 and the railroad ck they propose traditional retail with restraints. East of Preston they propose town homes and single family housing. All of this would done in a phasing effect. eve Robinson, Allen Boone Humphries, 3200 Southwest Freeway, Houston, TX — He and his firm represent the legal interest of Blue Star Land, and plan to come back at a later date to show the effect of this potential development site on the Town, including revenue projections. He indicated in the future they will be asking for an economic development incentive package. However, they will go into more detail in a work session at a later date to discuss this with the Council. 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 -ease basis, at the discretion of the Mayor and Town Council.) EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551,001 et. Seq. Texas Government Code, to wit. Section 551.087 (Economic Development Negotiations) — Deliberations regarding commercial or financial information that the Prosper Town Council has received from business prospects that the Prosper Town Council seeks to have locate, stay, or expand in the Town and with which the Prosper Town Council is conducting economic development negotiations for retail and commercial development. Council recessed into executive session at 6:19 p.m. Reconvene into regular session and take any action necessary as a result of the closed session. uncil reconvened from executive session at 7:37 p.m. No action was taken as a result of the executive session. Page 2 of 6 8. Discuss employment projections associated with the Town's Needs Assessment Study and Facilities Master Plan. (DM) Zi t Callison and Kip Schecht,- 6200 North Central Expressway, Dallas, TX — Projections for staff have been re -assessed compared to er comparable cities, with outsourced employees from other cities taken into consideration this time. Planning, engineering and the fire partment were the main areas where revised projections were made. Employees were added to the engineering and fire department, and an employee was removed from the planning department. PUBLIC HEARINGS /ASSOCIATED ORDINANCESIPLATS 9. A public hearing to consider and act of a petition to adopt an ordinance abandoning the northern 30 feet of right-of-way of W. Fifth Street between Coleman Street and Main Street. (MH) Motioned by Mike Wadsworth, seconded by Kevin Drown to open the public hearing. Motion approved 5-0, Mayor Charles Niswanger opened the public hearing at 7:54 p.m. Ron Gentry, 2303 Rock Creek Estate Lane, Allen, TX — He is the property owner of 112 W. Fifth Street. When he had it surveyed it was found to be over the property line. He is requesting that the right -0f -way be abandoned. Motioned by Lisa Dritschler, seconded by Ane Casady to close the public hearing. Motion approved 5-0. Mayor Charles Niswanger closed the public hearing at 7:57 p.m, Motioned by David Bristol, seconded by Lisa Dritschler to adopt an ordinance abandoning the northern 30 feet of right-of-way of W. Fifth Street between Coleman Street and Main Street, subject to the Councils approval of the associated replat for Mitchell Addition, Block 2, Lots 1 R, 2R, and 3R and subject to striking the word water in section 3 of the ordinance so that instead of stating °public water utilities" it will state "public utilities". Motion approved 5-0. 10. 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 T single family lots on 0.6± acres at the northwest comer of Coleman Street and W. Fifth Street. (D04-23). (MH) ned by Lisa. Dritschler, seconded by David Bristol to open the public hearing. Motion approved 5-0. r Charles Niswanger opened the public hearing at 8:01 p.m. Ron Gentry, 2303 Rock Creek Estate Lane, Allen, TX — He supported and requested the approval of the replat. Motioned by Lisa Dritschler, seconded by Kevin Drown to close the public hearing. Motion approved 5-0, Mayor Charles Niswanger closed the public hearing at 8:02 p.m. Motioned by Lisa Dritschler, seconded by Mike Wadsworth to approve a replat of the Mitchell Addition, Block 2, Lots 1 R, 2R, and 3R, being three single family lots on 0.6± acres at the northwest comer of Coleman Street and W. Fifth Street, subject to the adoption of the right-of- way abandonment ordinance for the northern 30 feet of right-of-way for W. Fifth Street, and. subject to changing the water easement to a utility easement. Motion approved 5-0. 11. A public hearing to consider and act on a request to rezone 88.51 acres, 1) 39.3± acres on the north side of First Street, 800± feet east of Coit Road and 2) 49.2# acres on the east side of Coit Road, 1,600± feet north of First Street from Single Family - 1 to Planned Development -Single Family -1&2 (Z04-17). (MH) Motioned by Kevin Drown, seconded by David Bristol to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 8:06 p.m. Bill Dahlstrom, 901 Main Street, Ste. 6000, Dallas, TX — He requested that Council approve this item, and made himself available for any questions the Council had. Motioned by David Bristol, seconded by Kevin Drown to close the public hearing, Motion approved 5-0. !Mayor Charles Niswanger closed the public hearing at 8:10 p.m. tioned by Mike Wadsworth, seconded by David Bristol to approve a request to rezone 88.5± acres, 1) 39.3± acres on the north side of irst Street, 800± feet east of Coit Road; and 2) 49.21 acres on the east side of Coit Road, 1,600± feet north of First Street from Single Family -1 to Planned Development -Single Family -1 &2, subject to the following: Page 3 of 6 aj Adoption of the two annexation ordinances for this property to be conducted at the 11/16104 Town Council meeting; 0 The attached planned development standards and zoning exhibits; Striking item 2.02 entirely from the planned development agreement, which allowed for masonry entry features; Striking the wording in item 2.09 which states the mailboxes shall be approved by the Town Council; and e) Changing section 1.05 to drop the density cap from 172 to 160. Motion approved 5-0. 12. A public hearing to consider and act on a request to rezone 5.61 acres on the north side of Broadway Street, 150± feet east of Craig Road from Single Family -1 to Planned Development-Retall (204.113). (MH) Motioned by Lisa Ddtschler, seconded by Mike Wadsworth to open the public hearing. Motion approved 5-0. Mayor Charles Niswanger opened the public hearing at 8:25 p.m. Mitch Humble informed Council that since the packets went out to Council on Friday that three opposition letters regarding this zoning case have been received by the Town. Mike Wadsworth requested that future opposition letters be given to Council at the Town Council meeting, so that they may review them prior to considering the item. Jeff Haudstueck, 307 Stone Hollow Court, Prosper, TX - He would like to discuss the plans of the developer to develop this land; More specifically, he would like the wording of the PD so he can read it. Mr. Haudstueck also had concerns about the existing trees in that area being demolished, and he would like to see them preserved as much as possible. Jeff Carroll, 17770 Preston Road, Dallas, TX — He represents Mr. Winikates and indicated that this property is a continuation of the property that was rezoned south of Broadway. They want to make a uniform retail center if Mr. Winikates does proceed to develop on this land, and they would be happy to sit and discuss concerns with residents. Om Croussore, 105 N. Craig Road, Prosper, TX — He is concerned about what kind of businesses will be going into this development since 6 y live in the residential development directly across the street from it. Motioned by David Bristol, seconded by Mike Wadsworth to dose the public hearing. Motion approved 5-0. Mayor Chanes Niswanger closed the public hearing at 8:41 p.m. Mike Wadsworth stated that the existing PD was for a 12.3 acre site that was completed and bordered by four streets and had no adjacency to existing residential. He feels it inappropriate to expand that PD without modification to a 4.6 acre (net) site that was 220 feet deep and adjacent to existing residential. He also indicated that he doesn't want to see a retail strip center in this area. He noted that it is a gateway into the residential portion of the historical district of downtown, and he simply doesn't want to see a strip center leading into it. He also is concerned about retail increasing the traffic during the evening and weekend hours. He would be more comfortable with this area being zoned for offices, where the heavy traffic would take place during the daytime while others are at work, as opposed to during all hours of the day and evening. Mike Wadsworth would like to see Mr. Carroll go back to Mr. Winikates and discuss alternate options for development of this site. Council agreed and would like to have the applicant see if they can't re -address the development for this area. Motioned by Mike Wadsworth, seconded by David Bristol to table the item to December 14, 2004 Town Council meeting. Motion approved 5-0. DEPARTMENT ITEMS 13. Consider and act upon a proposal by economists.com to provide a water and wastewater rate study for the Town of Prosper. (DM) Motioned by Lisa Dritschler, seconded by Ane Casady to accept the proposal from Economists.com to provide a water and wastewater to study for the Town of Prosper and complete a cost of service analysis and rate design study for the Town at a rate not to exceed 44 19,500. Motion approved 5-0. . Consider and act on the appointment of an individual to fill a vacancy on the Parks and Recreation Board. (MH) Page 4 of 6 Motioned by Lisa Dritschler, seconded by Mike Wadsworth to appoint Diane Stephens to the Parks and Recreation Board. Motion 16 proved 4-1. Kevin Drown voted against appointment of Diane Stephens to the Parks and Recreation Board. 0. Consider and act upon an Interlocal Agreement between the Town of Prosper and the Tarrant County regarding purchasing items for the Town at the Tarrant County bid rate. [KM) Motioned by David Bristol, seconded by Ane Casady to enter into an Interlocal Agreement between the Town of Prosper and Tarrant County regarding purchasing items for the Town at the Tarrant County bid rate. Motion approved 5-0. 16. Review and discuss October 2004 Activity Reports for the following departments, committees and projects: • Administration • 2004 Bond Projects ■ Police Department • Fire Department Planning Department • Public Works • Inspections ■ Communisations • Parks and Recreation Committee • Prosper E.D.0 David Bristol would like for Doug Mousel to look into the Co -Sere issue. Lisa Dritschler would like to review the railroad crossing issue in the public works report. David Bristol would like to inquire about getting potholes in front of Stonecreek and the Prosper Middle School filled by the public works department 17. Discuss recent and upcoming activities of the Mayor and Town Administrator. (DWCN) here was no discussion of activities of the Mayor and Town Administrator's activities. . Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. There were no topics suggested for future discussion at a future meeting. EXECUTIVE SESSION 19. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Govemment Code, to wit: Section 551.072 — Deliberations about Real Property regarding: a) Potential sites for a community park. Section 551.074— Deliberations about Personnel Matters regarding: b) Evaluation of the Town Administrator including, but not limited to: i) The general format of the evaluation; ii) The timing of the evaluation; iii) How each Council member will interact in the evaluation process; and iv] Flow the evaluation will be presented to the Town Administrator. c) Duties of the Town Administrator ationed by Lisa 'Dritschler, seconded by David Bristol to recess into executive session. Motion approved 5-0. Council recessed into VReconvene utive session at 9:08 p.m. into regular session and take any action necessary as a result of the closed session. Page 5 of 6 Motioned by Mike Wadsworth, seconded by Lisa Dritschler to reconvene into regular session. Motion approvers 5-0. Council reconvened m executive session at 10:13 p.m. No action was taken as a result of the executive session. . Adjourn Motioned by Lisa Dritschler, seconded by Ane Casady to adjourn the meeting. Motion approved 5-0. Meeting adjourned at 10:15 p.m. Attest: Shanae Jennings, T ecretary Z C riOsr,r,' Page 6 of 6