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06.13.2006 Town Council Minutes 0 Z Minutes i1'`, Regular Meeting of the Prosper Town Council 800 Somerville Drive, Prosper, Texas 1 ?ii TOWN O F Folsom Elementary School (Community Room) ��� IEIE, J Tuesday, June 13, 2006, 6:30 p.m. 1. Call to Order/Roll Call. The meeting was called to order at 6:35 p.m. Roll call was taken by the Town Secretary Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Dave Turley, Kevin Drown, and Mike Wadsworth. Staff present included: Douglas Mousel, Town Administrator; Claude Thompson, Town Planner; Hulon Webb, Director of Development Services; Karen Gandy, Executive Director of the Economic Development Corporation; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The invocation was given by Kenny Thacker, Lighthouse Christian Fellowship Church. The Pledge of Allegiance followed. 3. Announcements of dates and times of upcoming community events. Councilmember Mike Wadsworth announced that Karen Gandy would be graduating from the North Collin County Leadership Class on June 28, 2006. CONSENT AGENDA 4. Consent Agenda Doug Mousel, Town Administrator, requested Council pull item d from the Consent Agenda for further discussion. Mr. Mousel also advised that item g should say west of"Custer Road" instead of"Coit Road. Motioned by Mayor Pro-Tem Bristol, seconded by Dave Turley to pull item d from the Consent Agenda. Motion approved 4-0. MINUTES a. Consider and act upon minutes from the following Council meetings.(MD) • May 23,2006 DEVELOPMENT PLANS Page 1 of 7 b. Consider and act upon adoption of the ordinance for the rezoning of 72.318± acres from Agriculture (A) District to Planned Development (PD-28) District for Single Family Residential Uses,located on the west side of Coit Road,2,000±feet north of Prosper Trail. (Z06-5) (CT) c. Consider and act upon approval of the final plat for the Warren/Avant-Garde Addition, creating two lots on 8.51± acres within unincorporated Collin County and the Extraterritorial Jurisdiction of the Town of prosper, located on the south side of First Street (CR 3), 2,200± feet west of the BNSF RR corridor. (D06-12). (CT) CONTRACTS AND AGREEMENTS e. Consider and act upon and ordinance denying the request of ATMOS Energy Corp., Mid-Tex Division, for an annual gas reliability infrastructure program (GRIP) rate increase as part of the company's statewide gas utility distribution system. (DM) f. Consider and act upon a resolution denying ATMOS Energy Corp., Mid-Tex Division's statement of intent to increase the gas utility rates in the Town of Prosper. (DM) ANNEXATION PETITIONS g. Consider and act to accept a petition presented by MF V Chesney 65, LP to set dates for two p ublic hearings and call for a service plan for the voluntary annexation of a tract of land located in the George Horn Land Surve y, Abstract No. 412, Collin County, Texas, containing approximately 65 acres of land, and being more generally located west of Custer Road (CR 80), 1,500±feet south of Frontier Parkway. (MD) Motioned by Mayor Pro-Tem David Bristol, seconded by Dave Turley approve to a the remaining Consent pp g Agenda items, subject to staff recommendations. Motion approved 4-0. d. Consider and act upon approval of the preliminary plat for the Whispering Meadows Addition, being seventy-five single family residential lots on 72.318± acres, located on the west side of Coit Road,2,000±feet north of Prosper Trail. (D06-13) (CT) Motioned by Mike Wadsworth, seconded by Kevin Drown to table this item until the July 11, 2006 Town Council Meeting. Motion approved 4-0. PUBLIC COMMENTS 5. Comments by the Public There were no comments by the public. REGULAR AGENDA PUBLIC HEARINGS 6. A public hearing to consider and act on a request to rezone 117.652± acres, in the northeast corner of Coit Road and First Street, including amendment of the 88.5±acre Collinbrook Planned Development (PD-18) to include an additional 28.1± acres zoned Agriculture (A) District to Planned Development(PD)District for Single Family Residential Uses. (Z06-7) (CT) Claude Thompson, Town Planner gave council background on the project. Motioned by Mike Wadsworth, seconded by Kevin Drown to open the public hearing. Motion approved 4-0. Page 2 of 7 Mayor Niswanger opened the public hearing at 6:49 p.m. Chas Fitzgerald,Wilbow Corporation, gave a brief overview of the developer's plans for the property. Aaron Richards, Wilbow Corporation, also presented council with information on the developer's intent for the property. Motioned by Kevin Drown, seconded by Dave Turley to close the public hearing. Motion approved 4-0. Council discussed the issues relating to gated developments. Motioned by Mike Wadsworth, seconded by Kevin Drown to approve subject to: 1) all references to Ordinance 84-16 be changed to Ordinance No. 05-20; 2) Section 1.02e will be amended to say ...generally allowed in the area as shown in Exhibit D not to exceed 35 lots.; 3) Section 2.12, second sentence, "to" will be replaced with "will". 7. A public hearing to consider and act on a request for a specific use permit for a private street development for Single Family Residential Uses on 12.72±acres on the east side of Coit Road and 2,000± feet north of First Street. Tabled from the 4/11/06 TC Meeting. (S06-1) (CT) The applicant requested this item be withdrawn. Motioned by Kevin Drown, seconded by Dave Turley to withdraw this item. Motion approved 4-0. 8. A public hearing to consider and act on a request for a specific use permit for mini- warehouse/public storage use on 4.83± acres on the south side of Richland Boulevard and 100± feet west of Coit Road. (S06-2) (CT) Motioned by Mike Wadsworth, seconded by Kevin Drown to Table until the July 11, 2006 Town Council Meeting. Motion approved 4-0. 9. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the William H. Thomason land survey, abstract no. 895, Collin County, Texas, containing approximately 4.021 acres of land, and being more generally located 1,400 feet east of Coit Road(CR 80), 2,050±feet north of east first street. (MD) Motioned by Dave Turley, seconded by David Bristol to open the public hearing. Motion approved 4-0. Mayer Niswanger opened the public hearing at 7:21 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by David Bristol, seconded by Dave Turley to close the public Hearing. Motion approved 4-0. Mayor Niswanger closed the public hearing at 7:22 p.m. 10. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the William H. Thomason land survey, abstract no. 895, Collin County, Texas, containing approximately 25.029 acres of land, and being more generally located on the east side of Coit Road(CR 80), approximately 1,300±feet north of east of first street. (MD) Motioned by David Bristol, seconded by Dave Turley to open the public hearing. Motion approved 4-0. Mayer Niswanger opened the public hearing at 7:22 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Dave Turley, seconded by Kevin Drown to close the public Hearing. Motion approved 4-0. Page 3 of 7 Mayor Niswanger closed the public hearing at 7:23 p.m. 11. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Larkin McCarty land survey, abstract no. 600, Collin County, Texas, and the Jeremiah Horn land survey, abstract no. 411, Collin County, Texas containing approximately 9.973 acres of land, and being more generally on the south side of First Street (CR 79),approximately 4,400±feet west of Custer Road. (MD) Motioned by Kevin Drown, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0. Mayer Niswanger opened the public hearing at 7:23 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Mike Wadsworth, seconded by Kevin Drown to close the public Hearing. Motion approved 4-0. Mayor Niswanger closed the public hearing at 7:24 p.m. 12. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Jeremiah Horn land survey, abstract no. 411, Collin County, Texas, and the Larkin McCarty land survey, abstract no. 600, Collin County, Texas containing approximately 14.774 acres of land, and being more generally located on the south side of east First Street(CR 79), approximately 4,900±feet west of Custer Road. (MD) Motioned by Mike Wadsworth, seconded by Dave Turley to open the public hearing. Motion approved 4-0. Mayer Niswanger opened the public hearing at 7:25 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Dave Turley, seconded by Mike Wadsworth to close the public Hearing. Motion approved 4-0. Mayor Niswanger closed the public hearing at 7:26 p.m. 13. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Jeremiah Horn land survey, abstract no. 411, Collin County, Texas containing approximately 8.815 acres of land, and being more generally 950 feet south of First Street(CR 79), approximately 4,400±feet west of Custer Road. (MD) Motioned by Dave Turley, seconded by David Bristol to open the public hearing. Motion approved 4-0. Mayer Niswanger opened the public hearing at 7:26 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by David Bristol, seconded by Kevin Drown to close the public Hearing. Motion approved 4-0. Mayor Niswanger closed the public hearing at 7:27 p.m. 14. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Larkin McCarty land survey, abstract no. 600, Collin County, Texas, and the Jeremiah Horn land survey, abstract no. 411, Collin County, Texas containing Page 4 of 7 approximately 9.989 acres of land, and being more generally on the south side of First Street (CR 79), approximately 3,950±feet west of Custer Road.(MD) Motioned by Kevin Drown, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0. Mayer Niswanger opened the public hearing at 7:27 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Mike Wadsworth, seconded by Dave Turley to close the public Hearing. Motion approved 4-0. Mayor Niswanger closed the public hearing at 7:28 p.m. 15. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the William H. Thomason land survey, abstract no. 895, Collin County, Texas containing approximately 23.74 acres of land, and being more generally on the north side of First Street(CR 79), approximately 1,650±feet east of Coit Road. (MD) Motioned by Mike Wadsworth, seconded by Dave Turley to open the public hearing. Motion approved 4-0. Mayer Niswanger opened the public hearing at 7:28 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Kevin Drown, seconded by Mike Wadsworth to close the public Hearing. Motion approved 4-0. I/ Mayor Niswanger closed the public hearing at 7:29 p.m. 16. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Spencer Graham land survey, abstract no. 359, Collin County, Texas containing approximately 138.8 acres of land, and being more generally on the north side of First Street(CR 79), approximately 2,650±feet east of Coit Road. (MD) Motioned by David Bristol, seconded by Dave Turley to open the public hearing. Motion approved 4-0. Mayer Niswanger opened the public hearing at 7:29 p.m. No one spoke regarding this public hearing. No action was necessary as a result of the public hearing. Motioned by Dave Turley, seconded by David Bristol to close the public Hearing. Motion approved 4-0. Mayor Niswanger closed the public hearing at 7:30 p.m. 17. A Public Hearing to consider and act upon an ordinance to amend of the Town's Thoroughfare Plan. (DM) Doug Mousel, Town Administrator, presented council with on overview of the reasons the thoroughfare plan needs to be amended. Motioned by Dave Turley, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0. Mayor Niswanger opened the public hearing at 7:31 p.m. Motioned by David Bristol, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0. Page 5 of 7 Mayor Niswanger closed the public hearing at 7:33 p.m. Council discussed why the proposed amendments need to be made and acknowledged the changes are minor. Motioned by David Bristol, seconded by Dave Turley to approve the ordinance. Motion approved 4-0. DEPARTMENT ITEMS 18. Consider and act upon 1) a letter of agreement extending and modifying a settlement offer between TXU Electric Delivery and the Steering Committee of cities served by TXU Electric Delivery and 2) a resolution authorizing the Mayor to execute the same. (DM) Doug Mousel, Town Administrator, presented council background information on the proposed settlement agreement and resolution. Motioned by David Bristol, seconded by Mike Wadsworth to approve the letter of agreement extending and modifying a settlement offer between TXU Electric Delivery and the Steering Committee of cities served by TXU Electric Delivery and authorizing the Mayor to sign a resolution executing the same. Motion approved 4-0. 19. Discuss and give direction to staff regarding possibly varying ordinance provisions in order to attract,retain or expand businesses in Prosper. (KG) Karen Gandy, Executive Director Prosper Economic Development Corporation, made a presentation to council regarding the development standard currently in place and asked if the council would be willing to reduce the standards in order to attract economic development. Ray Smith, Prosper Economic Development Corporation President, also presented information to council. Council discussed the issues involved in the development standards. Council also discussed the standards for the railroad area of the town. 20. Discuss and give direction to staff on development of land uses adjacent to the BNSF rail line within the Town limits. (KG) Karen Gandy, Executive Director Prosper Economic Development Corporation, made a presentation to council regarding development of the land adjacent to the BNSF Railroad. Ms. Gandy gave the council several development options for the area. Council discussed the different options for developing the area. Staff recommend the Prosper EDC and Town Council should meet periodically to discuss development issues. 21. Discuss and give direction to staff concerning the appointment process for boards and commissions.(MD) Doug Mousel, Town Administrator, discussed the issues involving the process for appointing members to the boards and commissions. Council discussed appointing all boards and commissions at the same time and preferably in the fall. Council also discussed keeping the format for meeting the candidates an informal setting before a council meeting. 22. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting. Page 6 of 7 Councilmember Turley asked staff to sometime in the future bring to council a comparison between the Town Zoning Map and the Comprehensive Plan. EXECUTIVE SESSION 23. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code,to wit Section 551.087: a) Deliberations regarding commercial or financial information that the Town Council and Prosper Economic Development Corporation have received from business prospects that the Town Council and Prosper Economic Development Corporation seek to have locate, stay, or expand in the Town and with which the Town Council and Prosper Economic Development Corporation are conducting economic development negotiations. (KG) Council did not recess into Executive Session. 24. Adjourn Motioned by Dave Turley, seconded by Kevin Drown to adjourn. Motion passed 4-0. The meeting was adjourned at approximately 8:45 p.m. Attest: 1110 —...a.........- ielAtt, 0/1,.., .tthew D. Denton, Town Secretary harles Niswanger,Mayor ` %1i tttl/g�I %•%` 0FPR4 ,d � .. s A�� .`. ''• ` • . .. i -. d ••••'••.•...••''•••• .`` i1i,,,f TEXAS�,.•`•% lltttli� I Page 7 of 7 1 1