11.18.2003 Town Council MinutesMINUTES (approved 1218!03)
Planning and Development Meeting of the
Prosper Town Council
601 South Church Street
Prosper First Baptist Church Children's Building (S. Wing)
Tuesday, November 18, 2003 7:00 p.m.
Jf rrosVer
1. Call to Order I Roll Call.
Mayor Charles Niswanger called the meeting to order at 7:25 pm. Roll call was taken by the Town Secretary.
Council members present: Mayor Charles Niswanger, Mayor Pro -Tem Michael Perry, Ane Casady, Lisa Dritschler. Russell Kaker and
Karie Dalton were absent.
Staff members present: Town Administrator and EDC Director, Doug Mousel; Director of Planning, Mitch Humble; Director of Public
Works, Bill Little; Ronnie Tucker, Fire Chief; 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 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.)
a. Consider and act upon the adoption of an ordinance to rezone 42.4± acres on the north side of C.R. 78,150±
feet west of Hidden Lake Drive Y, -ram Single Family -1 to Planned Development -Single Family -2.
b. Consider and act upon the financial statements ending October 31, 2003.
Motioned by rvtayor Pro=Terii'v"I%1II Fern; to approve consent, exciudin^y Item b of the consent agenda, seconded by Ane Casady
Motion approved 3-0.
REGULAR AGENDA
PUBLIC HEARINGS
3. 2nd PUBLIC HEARING to consider the proposed voluntary annexation of a tract of land situated in the Spencer Graham
Survey, Abstract No. 359, James Stone Survey, Abstract No. 487, and the I.C. Williamson Survey, Abstract No. 948, Collin
County, Texas, containing 645.426 acres, save and except the portion of the property lying east of a line one-half mile
east of and parallel to the west boundary of the property and being more generally located at the northeast corner of U.S.
Highway 380 and C.R. 74. (RASOR — A 2003-02)
Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to open the public hearing. Motion carried 3-0.
Mayor Charles Niswanger opened the public hearing at 7: 28p.m.
There was no discussion on this hearing.
Motioned by Micheal Perry, seconded by Lisa Dritschler to close the public hearing. Motion carried 3-0. Mayor Charles Niswanger
closed the public hearing at 7:28 p.m.
Town of Prosper Minutes Page 1 12/12/2003
4. 2nd PUBLIC HEARING to consider the proposed voluntary annexation of a tract of land situated in the Spencer Graham
Survey, Abstract No. 359, James Stone Survey, Abstract No. 487, and the I.C. Williamson Survey, Abstract No. 948, Collin
County, Texas, containing 645.426 acres, save and except the portion of the property lying west of a line one-half mile
east of and parallel to the west boundary of the property and being more generally located on the north side of the U.S.
Highway 380, 2,640 feet east of C.R. 74. (RASOR - A 2003.03)
Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to open the public hearing. Motion carried 3-0.
Mayor Charles Niswanger opened the public hearing at 7:29 p.m.
There was no discussion on this hearing.
Motioned by Mayor Pro -Tem Michael Peng, seconded by Lisa Dritschler to close the public hearing. Motion carried 3-0.
Mayor Charles Niswanger closed the public hearing at 7: 29p.m.
5. 2nd PUBLIC HEARING to consider the proposed voluntary annexation of a tract of land located in the Collin County
School Land Survey, Abstract No. 147, Collin County, Texas, Containing 80.37 acres of land, save and except the western
most one foot parallel to the west boundary line of the property, and being more generally located at the southeast corner
of C.R. 49 and C.R. 5. (METTEN — A 2003.04)
Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to open the public hearing. Motion carried 3-0.
Mayor Charles Niswanger opened the public hearing at 7:31 p.m.
There was no discussion on this hearing.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to close the public hearing. Motion carried 3-0.
.Mayor Charles Niswanger closed the public hearing at 7:31 p.m.
'6. 2nd PUBLIC HEARING to consider the proposed voluntary annexation of a tract of land located in the Collin County
School Land Survey No. 12, Abstract No. 147, Collin County, Texas, containing 61.7+ acres, being more generally located
on the northwest corner of the Burlington Northern -Santa Fe Railroad and C.R. 4 (future Prosper Trail). (BULL A 2003-01)
Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to open the public hearing. Motion carried 3-0.
Mayor Charles Niswanger opened the public hearing at 7:32 p.m.
Representative for the owner, Ryan Betz spoke, 3838 Oak Law Suite 1212, Dallas, TX. 75219. He asked that Council support his
request for the annexation of land. There was no discussion by Council or the public on this hearing.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Ddtschler to close the public hearing. Motion carried 3-0.
Mayor Charles Niswanger closed the public hearing at 7:33 p.m.
7. Public Hearing: Zoning Case #03-1 — Consider and act upon a request to rezone 61.7+ acres on the northwest comer of
the Burlington Northem-Santa Fe Railroad and C.R. 4 (future Prosper Trail) from Single-Faimly-1 to Planned
Development -Single -Family -2. (Tabled 9116103 and 10121/03)
Motioned by Mayor Pro -Tem Michael Peng, seconded by Ane Casady to open the public hearing. Motion carried 3-0.
Mayor Charles Niswanger opened the public hearing at 7:35 p.m.
Representative Ryan Betz spoke from 3838 Oak Law, Suite 1212, Dallas, TX. 75219. He asked that Council support his request and
jis here to answer any questions they have. There was no discussion by Council.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to close the public hearing. Motion carred 3-0.
JMayor Charles Niswanger closed the public hearing at 7:36 p.m.
Town of Prosper Minutes Page 2 12/12/2003
Following the public hearing, Mayor Pro -Tem Michael Perry relayed his concerns for an absent council member, at the request of the
council member, regarding the idea of rear yard accessory buildings found on this property. He also wanted to know if we were asking
for park dedication on the Planned Development.
Director of Planning Mitch Humble responded by saying that we were not asking for park dedication, but that open space is shown.
Lisa Dritschler was hesitant to act on this item because there were two council members absent. She would like to vote on this with all
members present.
Motioned by Mayor Pro -Tem Michael Perry, and seconded by Lisa Dritschler to table the item and address it at the December 9, 2003
town council meeting, when all council members are present. Motion approved 3-0.
8. Public Hearing: Zoning Case #03-4— Consider and act upon a request to amend Comprehensive Zoning Ordinance #84.16
regarding the definitions, standards, and regulations of antennas.
Mitch gave a brief background on the placement of antennas within City limits, in correlation with the need to have them in order for cell
phones to appropriately work. Mr. Humble has been approached by service providers who proposing to bring antennas to the Town of
Prosper. He prepared this ordinance through looking at surrounding communities, as well as communities nationwide. Most
communities are streamlining the use for stealth antennas and separating the use of commercial and non-commercial antennas.
Motioned -by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to open the public hearing. Motion carried 3-0.
Mayor Charles Niswanger opened the public hearing at 7:58 p.m.
Mayor Pro -Tem Michael Perry wanted to know if we could disallow ugly poles. Mr. Humble stated he did not know but that the nicer
looking poles are of course the more expensive.
Lisa Ddtschler questioned whether or not the Council would be disallowing services to the citizens if they said no to certain poles but
not others.
Council wanted to know if the ordinance gives the council the right to say no to anyone wanting to bring an antenna here. Mr. Humble
s�+n; +ham+ � onoc/�i1fin nese norm'+ (C D1 ie tenni n o ra vn„ on w vee nr nn +n +h7}
Jaid u1CIL Q J+lGVI1IV "lu Ful 11111 ``VVI / IJ.0ning and you conA sa yes vl ,— — ulu..
Forest Finley, 1707 Colonial Court, Prosper, Texas 75078 wanted to know how high these poles would need to be?
Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to close the public hearing, Motion carried 3-0.
Mayor Charles Niswanger closed the public hearing at 8:05 p.m.
Motioned by Mayor Pro -Tem Michael Perry to approve the request to amend Comprehensive Zoning Ordinance #84-16 regarding the
definitions, standards, and regulations of antennas with a stipulation that staff explore the idea of precluding mono poles in the
community, seconded by Ane Casady. Motion approved 3-0.
ORDINANCES & RESOLUTIONS
9. Consider and act upon adoption of an ordinance amending Comprehensive Zoning Ordinance #84-16 regarding the
definitions, standards, and regulations of antennas.
Motioned by Mayor Pro -Tem Michael Perry to adopt the ordinance amending Comprehensive Zoning Ordinance #84-16 regarding the
definitions, standards, and regulations of antennas, seconded by Lisa Dritschler. Motion approved 3-0.
Town of Prosper Minutes Page 3 12/12/2003
10. Consider and act upon a resolution casting ballots for the Board of Directors for the Central Appraisal District of
Collin County, Texas. (Tabled 11111)
-isa Dritschler asked Ane Casady's reasoning on her recommendations. Ms. Casady said that she knows George Clump and lie is a
food man, and that the others she recommended were by word of mouth, and said to be either very reputable or trustworthy based on
Nhat she has been told. Motioned by Mayor Pro -Tem Michael Perry and seconded by Lisa Dritschler to adopt a resolution consistent
with Ane Casa, y's vote, and cast votes for George Clump, Joe Bicik, Wayne Mayor and Gary Rodenbaugh for the Beard of Directors,
Central Appraisal District of Collin County, Texas. Motion approved 3-0.
DEPARTMENT ITEMS
11. Discuss and act upon any matters relating to the construction of anew fire station. (Tabled 11111)
Motioned by Mayor Pro -Tem Michael Perry and seconded by Ane Casady to table this item until the next regular council meeting when
all Council members can be present. Motion approved 3-0.
12. Discuss and act upon an amendment to the budget for the Town for the fiscal year beginning October 1, 2003 and ending
September 30, 2004. (Tabled 11111)
Motioned by Mayor Pro -Tem Michael Perry, seconded by Ane Casady to amend the budget for the fiscal year beginning October
1, 2003 and ending September 30, 2004 according to staff recommendations to reflect revenue from fire runs and some Fire
Department expenditures as follows:.
Increase revenue by $11,500
Increase expenditures for Account Code 5210 (supplies) by $2,000
Increase expenditures for Account Code 5290 (miscellaneous expense) by $9,000
Increase expenditures for Account Code 5320 (repairs and maintenance) by $500
Place future reimbursements for the County into the Town's general fund. Then issue a check to the Fire Department so
i
the efficiency of making frequent, small purchases is not hampered. Motion approved 3-0.
1. Discuss and provide direction to staff regarding the day and time, date, location and subject matter of a council retreat.
Doug discussed the idea that Council has wanted to meet to discuss some goals and objectives regarding what they would like out of
their retreat. Mayor Pro -Tem Michael Perry suggested a Saturday retreat in the morning, ending at noon to be held at a meeting room
in North Texas. Lisa is happy with that, as well as is Ann. Motioned by Mayor Pro -Tem Michael Perry to table this discussion until
more council members are present, seconded by Ane Casady. Motion approved 3-0.
14. Discuss revisions to the Town of Prosper Purchasing Policy.
Lisa Dritschler stated she would look forward to seeing a revised policy at the upcoming Town Council meetings. The Council agreed
that the policy could use revision before further bids take place.
EXECUTIVE SESSION
In accordance with Chapter 551, Texas Government Code of the Open Meetings Act
Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to adjourn into executive session. Motion approved 3-0.
15. Adjourn into executive session in compliance with Section 551.074 of the Texas Government Code to discuss personnel
issues relating to Town employment positions, including, but not limited to, accounting, inspections and engineering
positions.
Jouncl adjourned into executive session at 8:25 pm.
Town of Prosper Minutes Page 4 12/12/2003
16. Reconvene into regular session and take any action necessary as a result of the executive session.
Motioned by Mayor Pro -Tem Michael Perry, seconded by Lisa Dritschler to reconvene into regular session. Council reconvened into
regular session at 8:45 p.m. No action was taken as a result of executive session.
17. Discuss and possibly direct Town Staff to place items on future agendas.
18. Adjourn.
Motion to adjourn by Ane Casady, seconded by Russell Kaker. The Town Council meeting was adjourned at 10:50 p.m.
Attest:
Siz nae Jennings, T Secretary
Town of Prosper Minutes Page 5 12/12/2003