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11.16.2004 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 16, 2004 6;30 p.m., or immediately following the special session Town Of Prosper Call to Order 1 Roll Call. Meeting was called to order at 7:32 p.m. Roll call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Mayor Pro -Tern Lisa Dritschler, Ane Casady, Mike Wadsworth and David Bdst6. Kevin Drown was absent at this meeting. Staff present included: Town Administrator, Doug Mousel; Director of Planning, Mitch Humble; and Town Secretary, Shanae Jennings. Invocation and Pledge of Allegiance Invocation was given by Councilperson Ane Casady. Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events � nual tree lighting event will be held on Thursday, December 2, 2004 at 6.00 p.m. e Chamber of Commerce is having a mixer on Dec. 3, 2004 at 7:00 p.m. in the evening. uth Town Council will be having a clean up day Jan. 8, 2005. Town of Prosper employee dinner will be Friday, Dec. 17, 2004 at 7:00 p.m. CONSENT AGENDA litems 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 singie 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) November 9, 2044 Regular Meeting ANNEXATION ]ZONING ORDINANCES b. Consider and act upon an Ordinance for the voluntary annexation of a tract of land located in William H. Thomason Survey, Abstract No. 895, Collin County, Texas, containing approximately 35.307 acres of land, and being more generally located at the north side of East First Street,1,000+ feet east of Coit Road. (A 200424, Swisher Partners, L.P.) (SJ) c. Consider and act upon an Ordinance for 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 Colt Road, 1,500+ feet north of East First Street. (A 2004-25, DautermanlGreen) (SJ) d. Consider and act on adoption of an ordinance rezoning 88.5± acres, 1) 39.3# acres on the north side of First Street, 800± feet east of Coit Road and 2) 49.21 acres on the east side of Colt Road, 1,600± feet north of First Street from Single Family -1 to 'Planned Development -Single Family -l&2 (Z04.17). (MH) Page 1 of 4 4Vhoned by Mike Wadsworth, seconded by David Bristol 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. Piease complete a 'Public Comments Form" and present it to the Town Secretary prior to the meeting.) 5. Comments by the Public There were no comments by the public tonight. REGULAR AGENDA (If you wish to address the Council during the regular agenda portion of the meeting, please fil out a 'Speaker Request Form" and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items iisted 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 ORDINANCESIPLATS fi. A public hearing to consider and act on a request to rezone 5.0:t acres on the west Side of Dallas Parkway, 850± feet south of W. First Street from Single Family -1 to Planned Development -Commercial Corridor (Z04-19). (MH) Motioned by Lisa Dritschler, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0. Mayor Charles Niswanger opened the public hearing at 7:37 p.m. Mike Massey, 3104 St. Germane, McKinney, TX a He represents Lattimore Materials Company. He said the new owner of the batch plant would be spending more than $1 million dollars to regenerate the batch plant. Lattimore would like to shut these batch plants down in five ears; however, they are asking for ten years in order to give them the ability to keep them operational for that long, if necessary. 41 a Dritschler noted that if there is not a billing facility for the batch plant in Prosper, then the Town of Prosper does not receive any of the dollars from the batch plant. She feels strongly that the only way the batch plant should be allowed as a use in Prosper is if there is a filling facility within the Town, most likely by adding it as a requirement of the PD. Motioned by Lisa Dritschler, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0. Mayor Charles Niswanger closed the public hearing at 7:53 p.m. David Bristol questioned whether or not there was something else that could go into this area that would bring a greater bottom line sales tax profit over the next ten years than these batch plants. He is not supportive of ten years, but would be more supportive of something shorter, such as seven years. Mike Wadsworth believes the Tollway and 380 is the next big development area in Prosper, and he is hesitant to bring a batch plant that currently is not operational into operation in such close proximity to the Tollway location. He is also concerned about the double impact to CR 27 because of the wear and tear of concrete trucks on this road. He is supportive of a five year limitation of the batch plant so that this area may be developed out after that time. Ane Casady was not in support of a ten year batch plant either, for several of the reasons Mike Wadsworth stated. Mr. Massey said that five years is too short of a time, and requested that seven years be considered as an altemative. Motioned by Lisa Dritschier, seconded by Mike Wadsworth to approve a request to rezone 5.Ot acres on the west side of Dallas Parkway, 850± feet south of W. First Street from Single family -1 to Planned Development -Commercial Corridor, subject to the following: a) The attached planned development standards and zoning exhibits; b) Rewording the use and conditions statement in Exhibit C for Concrete/Asphalt Batching Plant, Permanent, to read: ift"Concrete/Asphalt Batching Plant — Permitted by right, only when an on-site billing office is included, for five years after the adoption date of this Planned Development Ordinance. At the end of this five-year period, any batch plant in operation shall be required to ither have obtained a Specific Use Permit for continued operation, or cease operation"; and c) Changing "10 years" to "five years" on Exhibit D. Motion approved 4-0.. Page 2 of 4 7. A public bearing to consider and act on a request to rezone 1 O.O± acres on the west side of Dallas Parkway, 2,600± feet orth of University Drive from Single f=amily -1 to Planned Development -Commercial Corridor (ZO4-20). (MH) otioned by Lisa Dritschler, seconded by David Bristol to open the public hearing. Motion approved 4-0. 40yor Charles Niswanger opened the public hearing at 8:16 p.m. Mike Massey, 3104 St. Germane, McKinney, TX - They wanted to do this so they can conform to the land use plan. Lisa Dritschler wanted to make sure there is a Prosper billing office requirement drawn into this plan as well. Mike Wadsworth again raised the concern about the impact to CR 27 as a result of the large trucks which will be driving on this road due to the batch plants. 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 8:19 p.m. Motioned by Lisa Dritschler, seconded by Mike Wadsworth to approve a request to rezone 10.0± acres on the west side of Dallas Parkway, 2,600 feet north of University Drive from Single Family -1 to Planned Development -Commercial Corridor, subject to the following: a) The attached planned development standards and zoning exhibits; b) Striking the word "Permanent" from the use title of Concrete/Asphalt Batching Plant on Exhibit C; c) Adding the phrase `only when an on-site billing office is included" after the phrase "permitted by right" for the use of ConcretelAsphalt Batching Plant on Exhibit Q and d) Adding the phrase "with an onsite billing office" after "Concrete Batch Plant" on Exhibit D. Motion approved 4-0. J&PARTMENTITEMS Consider and act upon a request to participate in the cost of improvement of a road serving the Hickory Creek subdivision. M) Motioned by Mike Wadsworth, seconded by David Bristol to expend $2,367.83 to participate in the cost of improving a road serving the Hickory Creek subdivision. Motion approved 4-0. 9. Discuss recent and upcoming activities of the Mayor and Town Administrator. (DWCN) General meetings of the Mayor and Town Administrator were briefly discussed. 10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Mike Wadsworth would like to have an inventory of exactly what property the Town owns and what the plans are for the 2.4 acre Hickory Creek property discussed above. Mike Wadsworth would like to send out a survey with the State of the Town in the form of a questionnaire and receive feedback from residents on their thoughts and suggestions about various Town functions. He would like to discuss what kinds of questions to distribute. EXECUTIVE SESSION 11, Recess into Closed Session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: a) Section 551.472 - Deliberations about Real Property regarding potential sites for a Town Hall and other municipal facilities. boned by Mike Wadsworth, seconded by David Bristol to convene into Executive Session. Motion approved 4-0. Council recessed into executive session at 8:39 p.m. Lisa Dritschler had to leave the meeting at this time, prior to convening into executive session. Page 3 of 4 12. Reconvene into regular session and take any action necessary as a result of the closed session. Olotioned by David Bristol, seconded by Ane Casady to reconvene into regular session. Motion approved 3-0. Council reconvened from Oec utive session at 9:10 p.m. No action was taken as a result of the executive session. 13. Adjourn Motioned by Mike Wadsworth, seconded by Ane Casady to adjourn the meeting. Motion approved 3-0. Meeting adjourned at 9:11 p.m. Attest, 4zlwtl A Shanae Jennings, T Secretary H.J P� Charles Nisw g r, -May Page 4 o€'4