10.14.2003 Town Council Minutes SpecialMinutes (approved 1Ili 1103)
Regular Meeting of the Prosper Town Council
601 South Church Street
Prosper First Baptist Church Children's Building (S. Wing)
Tuesday, October 14, 2003 7:00 p.m.
1. Call to Order 1 Roll Call.
Mayor Charles Niswanger called the meeting to order at 7:07 pm. Roll call was taken by the Town Secretary.
Council members present: Mayor Charles Niswanger, Mayor Pro -Tem Michael Perry, Ane Casady, Lisa Ddtschler and Russell Kaker.
Kade Dalton arrived at 7:27 p.m.
Staff members present: Town Administrator and EDC Director, Doug Mousel; Director of Planning, Mitch Humble; Police Chief, Kirk
McFariin; Director of Public Works, Bill Little; Tax Assessor Collector, Radean Herron; and Town Secretary, Shanae Jennings,
CONSENT AGENDA
2. Approval of Consent Agenda. (Items placed on the Consent Agenda are considered routine in nature and are considered
non -controversial. The Consent Agenda can be aded upon in one motion_ A ma,+op'N, vote of the Council is required to
remove any stern 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.)
a. Approve the following minutes from past Council meetings:
September 9, 2003 Work Session
September 9, 2003 Regular Meeting
• September 16, 2003 Special Called Meeting
September 16, 2003 Regular Meeting for Planning, Zoning
and Development Issues
• September 23, 2003 Special Called Meeting
September 29, 2003 Special Called Meeting
b. Consider and act upon the amendment of an interlocal agreement between the Town of Prosper and the
Collin County Sheriffs Office for the Collin County Sheriffs Office to provide certain law enforcement
services to the Town of Prosper and authorize the Mayor to execute the same.
C. Consider and act upon the financial statements ending August 31, 2003.
Motioned by Russell Kaker, and seconded by Michael Perry to approve consent agenda. Motion approved. Vote 4-0.
COMMENTS I RO',sd':ITVENS
3. Invitation for citizens to speak to the Council on any topic not on the agenda or not already scheduled for Public
Hearing. (Please complete a "Comms from Citizens "Form and present N to the Town Secretary prior to the
meedrhg.)
There was no citizen comment.
Minutes, Town Council Meeting
October 14, 2003
Page I of 5
REGULAR AGENDA
4. Consider and act upon the adoption of a Future Land Use Plan and Thoroughfare Plan.
Town Administrator, Doug Mousel discussed outstanding issues from September 16, 2003 agenda regarding the proposed Future
Land Use Plan and Thoroughfare Plan.
a) Lack bf Retail designated corners within the western half of the Town of Prosper — Additional retail comers have been
added to the northwest comer of Fishtrap Road and Legacy Drive, the southwest comer of Prosper Trail and Legacy Drive,
and the southeast comer of Parvin Road and F.M. 1385, in order to create a more equal balance between east and west
Prosper. Additional retail comers are not recommended.
b) First Street does not extend from C.R. 80(Coit Road) to F.M. 2478 (Custer Road) -- Previously not shown, a thoroughfare
has been added to connect the east end of the internal loop to F.M. 2478 at the anticipated location of Wilmeth Road.
c) Legacy Drive does not extend along County Line Road from Fishtrap Road to C.R. 4 — Legacy Drive is depicted on the
pians. The Plans show an offset between Legacy Drive as A extends north from U.S. 380 to its intersection with Fishtrap
Road. If possible, a direct connection between these two intersections without the offset will be considered.
d) Land use is not depicted In accordance with the agreement between agreement of Huffines Group and the Town of
Prosper -- Town staff does not recommend that the land use be depicted on the Future Land Use Plan. The property owner's
intentions are to develop medium to high density residential uses with some retail use. Altemativety, staff recommends that
the Town depict land use desired for the property.
e) The intersection of the north couplet entry. street with Preston Road Is too close to F.M. 1461 — The intersection of the
north couplet entry street with Preston Road has been shifted to the south to a location approximately equidistant between
C.R. 48/C.R. 81 and F.M.14611Spur 439.
f) The intersection of the south couplet entry street with Preston Road is too close to U.S. 380 — The proposed location of
the intersection of the south couplet entry street with Preston Road was placed by a well respected traffic engineer. Staff is
comfortable with the proposed location of the intersection of the south couplet entry street with Preston Roaad,
Michael Perry asked what the proposed plan does with existing 289. Doug Mouse[ stated it abandons it, where it remains there as an
existing street, but 4 is no longer shown on tie thoroughfare plan as a future road.
g) The proposed six -lane north couplet entry street is too large -- The Thoroughfare Plan has been revised to illustrate the
north couplet entry street as a four lane divided thoroughfare.
h) The land use designation of the northeast corner of First Street and Preston Road should be changed from Historic
District to Retail — The land use designation of the northeast corner of First Street and Preston Road has been changed from
Historic District to Community Retail. The property was not depicted as Regional Retail because the planned devefapment
standards for the property allow for community retail uses, not regional land uses.
The land use designation of the propetty bounded by the B.N.S.F. railroad to the east, C.R. 4 to the north, the future
Dallas North Tollway to the west, and Button Branch Creek to the south Is Medium Denstty Residential and Is
Inappropriate due to the properties' adjacency to the Town's existing sewage treatment plant — Staff has reservations
about developing this area as residential due to the existence of the sewage treatment plant at the southeast comer of the
property and the presence of two existing businesses. Mr. Mousel pointed out that residential development adjacent to a
sewage treatment plant is undesirable due primarily to the associated odor. An alternate land use could be otircrfwamOolrse.
This would be more compatible with the sewage treatment plant and the existing businesses.
Minutes, Town Council Meeting
October 14, 2003
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Mr. Mousel pointed out that the proposed plan contains many of the original elements from the initial drafts of the plans, which include:
Identification of a Town Core or Historic District
Extension of a couplet through the downtown area
Identification of a potential civic4own center adjacent to -the existing downtown
Designation of an internal loop system with a special identity
Concentration of non-residential areas along the U.S. 380 and Dallas North Tollway corridors.
Doug Mousel encouraged the Council to adopt the Thoroughfare and Land Use Plans subject to any revisions they would like to add.
Mr. Mouses indicated there is an area of existing commercial zoning along Preston Road between First Street and 380, which is a
triangular area and would be a continuation of the Preston Road Corridor depicted within the inset He would like to include in the
motion a provision to reflect an area zoned as a corridor district, located near the southeast comer of Preston/289 or First Street and
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Doug Mousel would like to defer the legacy drive issue while he compiles more information on it.
Mayor Charles Niswanger moved to entertain a motion to adopt the future land use and thoroughfare plans, to include the additional 20
acres of land depicted by Doug Mousel. Motioned by Lisa Dritschler and seconded by Russell Kaker to adopt the land use and
thoroughfare plans, contingent upon reflecting the existing commercial property on the east side of Preston Road, between 380 and
C.R. 78 in the land use plan, and to reflect changes on the thoroughfare pian to make the four -lane divided thoroughfares consistent in
there designation of the pian. Motion approved 3-1.
Mayor Pro -Tem Michael Perry opposed.
a. Pubiic hearing: Presentation of service pian and first public hearing to consider the voluntary annexation of a tract
of land in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing 80.4± acres at
the southeast comer of County Road 49 and County Road 5.
Motioned by Lisa Dritschler, seconded by Russell Kaker to open the public hearing. Motion carried 4-0.
Mayor Charles Niswanger opened the public hearing at 7:21 p.m.
Motioned by Lisa Dritschler, seconded by Russell Kaker to close the public hearing. Motioned carried 4-0 to close the public hearing.
Mayor Charles Niswanger closed the public hearing at 7:21 p.m.
6. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in the J. Hom Survey,
Abstract No. 41, Collin County, Texas, containing 65.593+1- acres, at the northwest corner of Custer Road (FM2478)
and US380.
Motioned by Russell Kaker, seconded by Lisa Ddtschler to accept an ordinance for the voluntary annexation of a tract of land located in
the J. Horn Survey, Abstract No. 41, Collin County, Texas, containing 65.593 + acres, at the northwest comer of Custer Road (FM
2478) and US 380. Motion approved 4-0.
7. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in the Spencer Rice
Survey, Abstract No. 787, Collin County, Texas, containing 19.4390- acres, at the southwest corner of SH Spur 439
(Formedy SH 289) and SH289.
Motioned by Lisa Dritschler, seconded by Russell Kaker to accept an ordinance for the voluntary annexation of a tract of land located in
the Spencer Rice Survey, Abstract No. 787, Collin County, Texas, containing 19.439+/- acres, at the southwest comer of SH Spur 439
(Formerly SH 289) and SH289.
iMotion approved 4-0.
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October 14, 2043
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8. Consider and act upon an ordinance to rezone 19.4± acres on the southwest comer of S.H. 289 (Preston Road) and
F.M.1461 from Single -Family -1 to Planned Development -Retail
(toning Case 003.2).
Staff recommends approval of the ordinance subject to publication of the previous annexation ordinances provided by laor Motioned
by Lisa Dritschler, seconded by Russell Falter to accept an ordinance to rezone 19,4± acres on the southwest comer of S.H. 289
(Preston Road) and F.M. 1461 from Single -Family -1 to Planned Development -Retail. Motion approved 4-0.
DEPARTMENT ITEMS
9. Discuss responsibilities of the Communications Committee and Town Secretary.
Doug Mousel provided a brief background on his understanding of the Communications Committee. He stated that Press Releases are
currently being written by the Town Secretary, and that Administration is looking for opportunities to enhance the website through visual
appeal and by placing more information on it in the future as cost allows.
Staffed proposed three options for discussion regarding the Town newsletter. The First option is to maintain having the communications
committee do the newsletter. The second proposed option is to in-house the newsletter to be completed and distributed as a mailer
from Town Hall, by Town Staff, to Prosper residents. The third proposal is to have Town Staff work with Janet Phillips of the Eagle
Talon to publish the newsletter as an insert into the Talon. All articles would be written by Town Staff and the insert would be part of
the Talon.
Linda Turpen, Chairperson of the Communications Committee approached Council for discussion. Ms. Turpin recapped her
presentation originally presented to Council earlier this year when she began doing the newsletter. Ms. Turpin recapped her cost for
distribution, and pointed out that the real estate publication she distributed with the Town information in it does not differ from that of the
Frisco Enterprise. Ms. Turpin would like the High School paper to remain the High School paper, and the Prosper paper to remain the
Prosper paper. She assured Council that she has the Town of Prosper's best interest at heart as she did the newsletter, and she
would like to be able to continue creating a community newsletter that everyone could be proud of.
Janet Phillips of the Prosper High School and Eagle Talon stated that if the Town worked with the School District on an insert of the
Prosper newsletter into the Talon, that the information would be included as the middle pages of the paper.
Lisa Dritschler stated that she likes option three, and would like to see the newsletter inserted into the Talon. Mayor Pro -Tem Michael
Perry recommended we do our own paper and insert it into the Talon, which would solve a couple of the issues being addressed.
Mayor Pro -Tem Perry suggested tabling the item so that no rash decisions are made, and re -address the issue after more research
has been conducted. Lisa Dritschler suggested she would like to see a pull out go into the Talon.
Motioned by Michael Perry and seconded by Lisa Dritschler to table and re-evaluate the Town of Prosper newsletter at a later council
meeting. Motion carried 5-0.
10. Discuss potential use of the Town of Prosper Logo as the official logo for the Prosper Chamber of Commerce.
Doug Mousel provided a brief overview of the request from the Chamber to utilize the Town of Prosper logo. Staff recommends that
the Town of Prosper and the Prosper Chamber maintain two separate logo's in order to maintain the unique identity of each entity.
Alternatives suggested were to allow the Chamber to utilize "other town of Prosper P's" that have been used by Prosper in the past.
Another altemative was to replace "Town of Prosper" with "Chamber of Commerce" while using the same "P" as the Town uses.
Glenn Gammons spoke for the Chamber and stated that the Chamber only wants to use the "P,"
not the name "Town of Prosper." Lisa Dritschler spoke regarding the fact that the Town and the Chamber are two separate identities,
and should be maintained as such by two separate logos. She noted that the logo brands the Town, and that the Town's log should
not brand the Chamber.
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October 14, 2003
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Mr. Gammons stated that he only wants to save the Chamber money and that if it is not the wishes of the Council for them to use the
Prosper, "P; they will move ahead and find another way to create a Chamber logo. He also stated that they know they might have m
_pay to use the Town's logo since it is likely trademarked. Councilwoman Dritschler suggested she might be able to find them someone
o assist with the creation for little to no charge, as a donated service. Mayor Niswanger said he wasn't sure it would be legal for Ms.
)ritschler to suggest someone help the Chamber free or donated services, but that it could be looked into. Janet Phillips of the
'rosper High School suggested allowing some of the graphic artist students assist in creating the logo.
Mr. Gammons -stated that they will go back and explore some of the old Prosper logos and move forward from there. Mayor Pro -Tem
Perry asked if the Town's logo was registered, and requested that if it was not he would like for staff to get it registered.
11. Consider and act upon any matters relating to the construction of the fire station.
There were no matters relating to the construction of the fire station on this meeting.
12. Discuss any actions required by Town Staff as a result of any item on tonight's agenda.
Town staff will ensure that the Town of Prosper logo is registered, if it is not already.
EXECUTIVE SESSION
13. Adjourn into executive session in compliance with Section 551.074 of the Texas Government Code, to evaluate and
deliberate the duties and responsibilities of the Town Administrator.
MotjnnPd by irhael Parry arxl seconded by Karig rlaltnn tp mess into execL't; on coceinn in rcompliance i iu�i CcN^ i IVZI n74 of the
Texas Government Code. Motion carried 5-0. Council -recessed into executive session at 7:58 p.m.
14. Reconvene into regular session and take any action necessary as a result of the executive session.
!Motioned by Mayor Pro Tem Perry and seconded by Russell Kaker to reconvene into regular session at 8:45 p.m.
0.
15. Discuss and possibly direct Town Staff to place items on future agendas.
13equests mum UIe CU-undl ur items to be placed on future agendas included:
• Discussion on facility needs assessment
• Report on the need for additional funds for the fire station
• Timeline for developing water and sewer to the west.
Report on a comprehensive review of Human Resources policies.
■ Preliminary report on the feasibility of establishing an engineering department.
16. Adjoum.
Motion approved 5 -
Motioned by Lisa Dritschler and seconded by Russell Kaker to adjourn. Motion passed 5-0. Mayor Charles Niswanger adjourned the
meeting at 8:52 p.m.
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Jennings, T Secretary C rtes Nir yvr
Minutes, Town Council Meeting
October 14, 2003
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