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05.20.2003 Town Council MinutesMinutes (approved 6/10/03) Regular Meeting of the Prosper Town Council Planning, Zoning and Development Issues 601 S. Church Street Prosper First Baptist Church Children's Building (South Wing) Tuesday, May 20, 2003, 6:30pm 1. Call tQ OWD.U6,1211 Call, Mayor Niswanger called the meeting to order at 6:33pm. Council Members present: Mayor Charles Niswanger, Michael Perry, Ane Casady, Lisa Dritschler and Russell Kaker. Also present: Town Administrator Jennifer Finley, Planning/EDC Director Doug Mousel and Town Secretary Amber Phillips. Town Attorney Rebecca Brewer arrived at 7:11 pm. 2. Act to ratify Iowj3 Council's iQUQ gggoint MichaelPerry r -Tern. Mayor Niswanger explained that nominations had not been seconded during the initial vote on May 13, 2003. However, after this agenda was posted, further review of Roberts Rules of Order discovered that nominations do not require seconds. Since the item had been posted, Mayor Niswanger felt it was appropriate to follow through with the ratification. Motioned by Russell Kaker and seconded by Michael Perry to ratify the Town Council's May 13, 2003 decision to appoint Michael Perry as Mayor Pro -Tem. Lisa Dritschler and Ane Casady opposed. Mayor Niswanger broke tie. Motion carried. Vote 3 to 2. �. Discuss and p2ggilbly act to appoint Council Member to Place 3 seat vacated by newly elected Mavo� The following candidates submitted their names for consideration of appointment to the Place 3 vacated Town Council seat: • Jeff Burandt • Davis Bristol • Rick Cowens Karie Dalton Janet Phillips • Larry Tracey • Kelly Tipton The above -listed candidates were in attendance with the exception of David Bristol, who was ineligible for appointment due to residency/voter registration requirements, and Kelly Tipton. Each candidate was provided two (2) minutes to give an introductory speech indicating their qualifications, the reasons why they felt they were the best candidates and reasons for which they desired appointment. Following the introductory speeches, each individual Council Member was given the opportunity to ask one question of the candidates. Each candidate was provided one (1) minute to answer each of Council's questions. Council asked the following questions: Lisa Dritschler - What do you think should be the Council's top 3 priorities today? Larry Tracey: Water & Sewer issues for development Finalization of the Master Plan Tightening of ordinances (more specifically relating to corridors and signs) Karie Dalton: Master Plan Budget Issues (creating a workable budget) Town and Public Facilities Jeff Burandt: Communication with the Town Master Plan Water & Sewer problems (more specifically relating to debt issuance) Janet Phillips: Budget revisions Finalization of the Master Plan Re -instatement of the Planning & Zoning Commission Rick Cowens: Budget Communication with Citizens/Master Plan y Ordinances Ane Casady - What would make you miss a Council meeting and not come forward to vote on something? Karie Dalton: Job-related in regards to being in trial (only been to one trial in 4 -years) Major Illness Jeff Burandt: Injury to self or family Janet Phillips: Family Illness Rick Cowens: Nothing Larry Tracey: Family event Russell Kaker = no questions Michael Perry - no questions Mayor Niswanger - no questions Mayor Niswanger felt all candidates were well qualified. He urged those not chosen to stay involved in the community. Ane Casady advised that she ran a poll regarding the manner in which the vacated seat should be filled. 40 people responded. 17 wanted a special election, 19 felt that the candidate with the next highest votes should be appointed and 4 of the respondents agreed with Council appointing the position. Lisa Dritschler recommended Council consider an ordinance mandating Councilpersons resign from their positions prior to running for Mayor which would eliminate this situation arising in the future. Mayor Niswanger agreed and directed Jennifer to have legal counsel draw up such an ordinance. Mayor Niswanger opened the floor for nominations. Ane Casady nominated Janet Phillips. Russell Kaker nominated Karie Dalton. Motioned by Michael Perry and seconded by Russell Kaker to cease nominations. Motion carried. Vote 4 to 0. Ae,.a:,. a �. n__ n__��.. a_ i___a L!11• L _ rirll rla� is i i a rfi r IVluuuneu by MI IG l d�d4V lu r ll71f llt date Janet Pnllllps to fill the Town Cou..�.. Place 3 vacated Sea.. IS Drit Russell Kaker and Michael Perry opposed. Motion denied. Motioned by Russell Kaker to nominate Karie Dalton to fill the Town Council Place 3 vacated seat. Ane Casady opposed. Motion carried. Vote 3 to 1. Saiiy'HoldIburg, 16006 Riverltill Drive, cadre forward and addressed Council regarding the "Comments from Citizens" item placed on agendas, as she had a comment to make. Mayor Niswanger explained that particular item is placed on the Regular Agendas which are held the second Tuesday of each month but extended a courtesy to Ms. Holmburg and allowed her to voice her concern. Ms. Holmburg referred to a presentation made by Mesa at a past meeting. She stated Council had been talking amongst themselves while Robin McAffrey was presenting. Mr. McAffrey stopped his presentation because of the side conversations and asked if they had a problem or a question regarding his presentation. At that point a Councilperson made the comment "we're checking the Mavericks score". Ms. Holmburg found the comment and behavior offensive, embarrassing and disrespectful. 4. Swear in newly appointed Place 3 Tow_ n g9uncil Mgmber. Karie Dalton signed the Statement of Office and submitted it to Town Secretary Amber Phillips. Ms. Phillips swore in Karie Dalton as the newly appointed Place 3 Town Council Member. Ms. Dalton took her seat on Council. S. Discuss annexation. zoning and Ogyglogment al2oli-catLonr vi w prgcedures. Doug Mousel presented Council to discuss a modification with the current zoning and development processes which he felt would reduce meeting times and make the process more efficient and predictable. It would be very helpful to the developers as well. In the past, property owners came forward with requests and would give general presentations to Council before submitting formal applications for annexation. He proposed changing the process to become more formalized in regards to application dates. He recommended designating application dates on a once a month basis. At that point, it would go through the various departmental review processes. After receiving feedback from the various departments, the developer would be asked to address the comments/issues by a given date and then it would formally go before Council. With such a process, a pre -application presentation to Council would not be necessary. In regards to zoning applications, Doug felt that he should get more "in-line" with Council's thinking before totally eliminating the need for pre -meetings. After the new Land Use Flan is adopted, it should eliminate the need for pre - application meetings in regards to zoning. Doug offered to coordinate a presentation by professionals in the retail field to aid the Town in better understanding the correlations between residential density and retail. Council agreed. Council agreed. Ane Casady personally wanted to know "what was going on", and requested that Doug provide her with summaries. She also asked where the school would fit into the development process. Doug advised that he met with the PISD Superintendent and assured him that the school would be included in the development process. He agreed to provide the Council, as well as the school and Town staff, with monthly reports listing active applications; however, during the preliminary stages there are often issues that should not be disclosed. Council agreed with the procedures presented by Doug and asked him to move forward with implementation. No formal action taken. EC ND PUBLIC HEARING to cgnsider the voluntagy annexalion of Go-Crittg. appMgimately 10.15acres of land located in the Collin County 5chool Land Survey. Abstract Na. 147, and Oeing more generally located on the wet side of CR27 n rth of US38Q. - Mayor Niswanger opened the public hearing at 7:24pm and invited all parties to speak to the issue. Wayne Bernstein, School Board Representative, questioned whether Go -Crete owned or leased the property in question. Mayor Niswanger stated Go -Crete owns the property. He explained that the facility is a mixing plant which will most likely move in 15 to 20 years because at some point it will become unfeasible. Marty Edwards, 860 Willowgate Drive, questioned the point in which the public is notified of potential annexations and is given the opportunity to view them. He advised that he would like to see a map indicating the location of the property in question and how it relates to the Master Plan, Doug Mousel advised that the applications could be posted on the website after Council acceptance, but the Town did not have the present capability of posting reaps on the website. Mayor Niswanger stated the proposed annexation would be a significant source of revenue for the Town. and would provide the Town with more control over the property. Mayor Niswanger closed the public hearing at 7:32pm. 7 Consider and act upon offer to provide water and sewer service to Gl nbrook Estates and authorize the Mayor to exegute the same. Town Attorney Rebecca Brewer addressed Council and advised that because of pending issues she recommended Council adjourn into executive session. Mayor Niswanger adjourned into executive session at 7:34pm in compliance with Texas Local Government Corse Section 551.471, Private Consultation with the Town Attorney, and reconvened back into regular session at 8:02pm. Rebecca Brewer explained that Glenbrook Estates is a subdivision proposed at the southeastern corner of Fishtrap Road and FM1385. The owners of the proposed subdivision sought to form a water district which would take on the presence of a political subdivision. Council had originally given direction to fight formation of the water district. Rebecca explained that she needed further direction to move forward with continued opposition, to work out some type of agreement for the Town to provide the proposed development with water and sewer, to work out annexation issues and to settle the property owner's protest to the Town's CCN application for the western portion of the ETJ. Motioned by Michael Perry and seconded by Ane Casady to authorize the Town Attorney to continue the opposition of the special water district, to work out an agreement to provide water and sewer service to the proposed development, to continue with annexation issues and to attempt resolution of the CCN dispute. Motion carried. Vote 5to0. 8. Adiourn. Mayor Niswanger adjourned the meeting at 8:04pm. Attest: Toll illips Z: e - %fayor Ch rte ager