12.14.2004 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, December 14, 2004 5;06 p.m.
n Of Prosper
Call to Order/ Roll Call.
Meeting was called to order at 5:06 p.m.
Roll call was taken by the Town Secretary
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa DrtGschler, Kevin Drown, Mike Wadsworth and David Bristol.
Ane Casady arrived at 5:34 p.m.
Staff present included: Director of Planning, Mitch Humble and Town Secretary, Shanae Jennings. Town Administrator, Doug Mousel, was
representing the Town at a legal hearing in Austin this evening and could not be in attendance.
Invocation and Pledge of Allegiance
Invocation was given by Doug Fox. Pledge of Allegiance was not given tonight.
3. Announcements of dates and times of upcoming community events
anuary 8, 2004 is Prosper clean up day with the Youth Advisory Board from 8:00 a.m. to 5:00 p.m
CONSENT AGENDA
ms 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)
• November 16, 2004 Regular Meeting
■ November 16, 2004 Joint Meeting of the EDC and Prosper Town Council
• December 8, 2004 Special Session
ANNEXATION PETITIONS
b. Consider and act to accept a Petition presented by Clark Partners, L.P., and to set dates for two public hearings and call
for a service pian for the voluntary annexation of a tract of land located in the Larkin McCarty Survey, Abstract No. 600,
Collin County, Texas, containing 119.453 acres of land, and being more generally located at the southwest corner of Prosper
Trail and Custer Road (A 2004.27, Clark Partners, L.P.) (SJ)
ZONING ORDINANCES
c. Consider and act on the adoption of an ordinance rezoning 5.0± 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)
d. Consider and act on the adoption of an ordinance rezoning 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 (Z04-20). (MH)
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FINANCIALS
e. Consider and act upon the financial statements ending November 30, 2004. (AL)
boned by Mike Wadsworth, seconded by Kevin Drown to approve the consent agenda as presented. 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.)
5. Comments by the Public
There were no comments by the public tonight.
REGULAR AGENDA
(tf 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 -cm basis, at the discrOon of the Mayor and Town Council.)
EXECUTIVE SESSION
6. Recess into closed session in compliance with Section 551.001 eL Seq. Texas Government Code, to wit:
ay Section 551.074— Deliberations about Personnel Matters regarding evaluation of the Town Administrator:
Due to the meetings early start time, Councilperson Ane Casady could not be at the meeting directly at 5:00 p.m., and requested that
ct6nci
onsider waiting to go into executive session, if at ail possible, until she could arrive. Council had no problems with this request..nned by Lisa Dritschler, seconded by David Bristol to table item 6 and move to item 8 on the agenda. Motion approved 4-0.
Once item 8, 9, 10 and 11 were complete, council motioned to move back to item 6. The noted motion from below is as follows: Motioned
by Lisa Dritschler, seconded by David Bristol to move Haack to item 6 on the agenda in order to convene into executive session.
Council convened into closed session at 5:52 p.m.
7. Reconvene Into regular session and take any action necessary as a result of the closed session.
Council reconvened from closed session at 6:14 p.m. No action was taken as a result of the executive session.
Motioned by Mike Wadsworth, seconded by David Bristol to move back to item 12 on the agenda. Motion approved 5-0.
DEPARTMENT ITEMS
8. Review November 2004 Activity Reports for the following departments, committees and projects:
• Administration
• 2004 Bond Projects
• Police Department
• Fire Department
• Planning Department
■ Public Works
• Inspections
• Communications
• Parks and Recreation Committee
• Prosper E.D.0
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David Bristol commented that Fire Chief Ronnie Tucker asked him to carry a beeper for the past month so that a council member could get
an accurate idea of the number of calls the Fire and Police departments make. As a result, David Bristol wanted to point out that our
Namergency services are doing a great job getting out there and responding to our community. He also noted that he appreciates the pot
ples being filled in front of the middle school.
Discuss recent and upcoming activities of the Mayor and Town Administrator. (DMICN)
Doug Mousel is in Austin representing the Town at a legal hearing. The Staff and Council holiday dinner will be held Friday, December 17,
2004 at Gentle Creek Country Club.
10. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Mayor Charles Niswanger would like to add a discussion item regarding a proposed resolution for a development project at US 380 and
Preston Road.
PUBLIC HEARINGS /ASSOCIATED ORDINANCESIPLATS
11. A public hearing to consider and act on a request to rezone 5.6± acres on the north side of Broadway Street, 150± feet east
of Craig Road from Single Family -1 to Planned Development -Retail (Zt14.18). (MH)
This item was originally presented to Council at their November 9, 2004 council meeting. The item was tabled because Council had
concerns about the proposal at that time and asked the applicant to go back and see if they could revise the proposal. Planning Director
Mitch Humble stated that the applicant has wonted on this request and he recommends approval subject to a few conditions.
Motioned by Lisa Dritschler, seconded by Kevin Drown to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 5:27 p.m.
Shuck Winikates, 7700 Main Street, Frisco, TX — He is the applicant and apologized for not being in attendance at the last meeting. He
'Mited that he was unaware that there would be any problems with the rezoning, and he has tried to speak to the individuals who have
ceras and resolve some of those concerns.
Kristine Sotelo, Callaway Carroll Architects, 17770 Preston Road, Dallas, TX, 75252 — She stated that they currently do not have tenants in
place for the office buildings, and asked if council would be willing to wait until a tenant is lined up in order to request that screening and
landscaping be initiated.
Motioned by Lisa Dritschler, seconded by David Bristol to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 5:38 p.m.
Mike Wadsworth is alright with approving this item, subject to staff recommendations which encompass including landscaping and a
screening wall at the same time that phase I of construction begins.
Lisa Dritschler asked what our town ordinance spells out for material usage of retaining walls, She also wants a stone that matches the
retaining wail at the entrance of the downtown area. Mitch Humble stated that we don't have standards in place for retaining walls. Lisa
Dritschler would like to add the additions of a material designation for the retaining walls to the planned development standards.
Motioned by Mike Wadsworth, seconded by Lisa Dritschler to approve a request to rezone 5.6± acres on the north side of Broadway
Street, 150± feet east of Craig Road from Single Family -1 to Planned Development -Retail (Z04-18), subject to the attached zoning
exhibits, the attached planned development standards, and the following additions to the attached planned development standards:
a) A requirement to install the landscaping and screening walls along the entire northern border of the planned development (both
the Retail and Office tracts) with the construction of the development's first phase, along the boundary with existing residential
and retail tract;
b) The maximum permitted building size in the Retail tract shall be fourteen thousand (14,000) square feet;
c) All Retail buildings shall have pitched roofs and shall be architecturally designed to be residential in character;
d) The maximum permitted Office building footprint shall be nine thousand (9,000) square feet, and the maximum permitted Office
building floor area shall be eighteen thousand (18,000) square feet;
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e) All retaining walls visible from a public street shall be constructed of stone and mortar, the stone of a color that is consistent with
the materials used on the buildings.
%Motion approved 5-0.
tioned by Lisa Dritschler, seconded by David Bristol to move back to item 6 on the agenda. Motion approved 5-0.
12, A public hearing to consider and act on a request to rezone 44.0± acres at the northwest corner of Custer Road and
University Drive from Single Family -1 to Commercial (Z04.21). (MH)
The applicant requested that council table this item to the January 11, 2064 Town Council meeting. Motioned by Mike Wadsworth,
seconded by Kevin Drown to table the item to January 11, 2004. Motion approved 5-0
13. A public hearing to consider and act on a request to rezone 0.3± acre at the southwest comer of Broadway Street and Main
Street from Single Family -1 to Office (204.22). (MH)
Motioned by Lisa Dritschler, seconded by Ane Casady to open the public hearing. Motion approved 5-0.
Mayor Charles Niswanger opened the public hearing at 6:15 p.m.
George Boyce, P.O. Box 609, Prosper, TX. 75078 — He is the applicant and he would like to tum this vacant building into an office space.
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 6:17 p.m.
Motioned by Mike Wadsworth, seconded by Kevin Drown to approve a request to rezone 0.3± acre at the southwest corner of Broadway
Street and Main Street from Single Family -1 to Office (204-22). Motion approved 5-0.
14. Adjourn
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Ane Casady to adjourn the meeting. Motion approved 5-0. Meeting was
test:
urned at 6:22 p.m.
Shanae Jennings, wn Secretary Charles Ni , Mayor
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