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10.10.2006 Town Council Minutes MINUTES TOWN OF Regular Meeting of the Prosper Town Council 800 Somerville Drive, Prosper, Texas Folsom Elementary School (Cafeteria) SPERTuesday, October 10, 2006 at 6:00 p.m. 1. Call to Order/Roll Call. The meeting was called to order at 6:08 p.m. Roll call was taken by the Town Secretary. Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Dave Turley, Lisa Dritschler, Kevin Drown, and Mike Wadsworth. Staff present included: Douglas Mousel, Town Administrator; Hulon Webb, Director of Development Services; Claude Thompson, Town Planner; Bryan Ausenbaugh, Building Official; David Ledwitz, Code Enforcement Officer; Frank Jaromin, Director of Public Works; and Matthew Denton, Town Secretary. 2. Invocation and Pledge of Allegiance. The invocation was given by Pastor Mike Buster, Prestonwood Baptist Church. Mayor Niswanger led the Pledge of Allegiance. 3. Announcements of dates and times of upcoming community events. David Bristol informed the council he had attended the County Commissioner's meeting and the Town received a $500,000 Parks and Recreation Open Space Grant for a joint park with the Prosper Independent School District. Mayor Niswanger informed the audience about the Charter Election to be held November 7, 2006. CONSENT AGENDA 4. Consent Agenda MINUTES a. Consider and act upon minutes from the following Council meetings.(MD) • September 26,2006 Regular Meeting ORDINANCES,RESOLUTIONS AND AGREEMENTS b. Consider and act upon 1) a contract with Pate Transportation Partners, L.P. to provide project development services for the development and delivery of improvements to S.H. 289 (Preston Road) from U.S. 380 to F.M. 1461 (Frontier Parkway) and the grade separated crossing at the intersection of S.H. 289 (Preston Road) and U.S. 380 and 2) a resolution authorizing the Mayor to execute the same. (DM) Page 1 of 7 c. Consider and act on an ordinance repealing Ordinance 06-90 regarding the discharge of a firearm within the Town. (KM) d. Consider and act upon 1) a lease agreement between Nell Templin and the Town of Prosper regarding 110 W.Broadway Street and 2) a resolution authorizing the Mayor to execute the same. (DM) FINAL ACCEPTANCE e. Consider and act upon a request for final acceptance of Cedar Ridge Estates, being 109 Single Family lots on 37.8± acres at the northeast corner of First Street and Hays Road (D05-25). MEW) f. Consider and act upon a request for final acceptance of the Lakes of La Cima, Lift Station No. 2. (HW) ANNEXATION PETITIONS g. Consider and act to accept a petition presented by Landplan Development to set dates for two public hearings and call for a service plan for the voluntary annexation of a 67.721 acre tract of land located in the Jeremiah Horn Survey, Abstract No. 411, and being more generally located approximately 1,700± feet south of First Street (CR 79) and approximately 3,700±feet west of Custer Road(FM 2478). (MD) i. Consider and act to accept a petition presented by Jakego, Inc. to set dates for two public hearings and call for a service plan for the voluntary annexation of a approximately 4.4724 acres of land located in the William Butler Survey, Abstract No. 112, and being more generally located south of Prosper Trail(CR 81) and west of Coit Road(CR 80). (MD) Councilmember Turley requested item 4h be pulled from the consent agenda. Motioned by Dritschler, seconded by Drown to approve the remaining consent agenda subject to staff recommendations. Motion approved 5-0. h. Consider and act to accept a petition presented by Mike A. Myers Investment Holdings, L.P.to set dates for two public hearings and call for a service plan for the voluntary annexation of a approximately 201.55 acres of land located in the Collin County School Land Survey, Abstract No. 147, and being a portion or all of lots 7, 8, 9, and 10, Block 12, and being more generally located south of Frontier Parkway (CR 5) and approximately 1,300±west of Dallas Parkway(CR 49). (MD) Councilmember Turley stepped down due to a conflict of interest. Motioned by Bristol, seconded by Wadsworth to approve item 4h. Motion approved 4-0. I Page 2 of 7 PUBLIC COMMENTS 5. Comments by the Public There were no comments by the public. REGULAR AGENDA DEPARTMENT ITEMS 6. Administer Oath to Appointed Board Members. (MD) Matt Denton, Town Secretary, administered the Oath of Office to the board and commission appointees. 7. Discuss the development of a park at the northeast corner of East First Street and Church Street. (CT) Claude Thompson, Town Planner, gave council background information on this item. Captain Gary McHone, Prosper Police Department, informed the council that the Police Department intended to donate the money raised from the October 28, 2006 Health and Safety Fair for this park project. McHone informed the council last year's Health and Safety Fair raised around$9,000. Trent Lewis, Parks and Recreation Board, told the council the Parks and Recreation Board has targeted the proposed area for a park for two years. Council informed staff to move forward with the project. 8. Consider and act upon repealing Ordinance No. 02-22, enact and adopt an Ordinance providing for all requirements and offering clarification regarding the construction of private water wells within the Town and its ETJ and designating backflow prevention procedures,requirements, and all associated fees. (BA) Bryan Ausenbaugh, Building Official, gave council background information on this item. Motioned by Dritschler, seconded by Wadsworth to enact and adopt an Ordinance providing for all requirements and offering clarification regarding the construction of private water wells within the Town and its ETJ and designating backflow prevention procedures, requirements, and all associated fees. Motion approved 4-1 with Bristol voting"no." 9. Consider and act upon approving and adopting an Ordinance establishing regulations for residential pools and spas within the Town; providing for the requirement of a permit and all associated fees; providing for the revocation of a permit and providing for an appeal process.(BA) Bryan Ausenbaugh, Building Official, gave council background information on this item. Motioned by Dritschler, seconded by Bristol to approve and adopt an Ordinance establishing regulations for residential pools and spas within the Town; providing for the requirements of a permit and all associated fees; providing for the revocation of a permit and providing for an appeal process with the Page 3 of 7 following addition: Add to the ordinance Section b) and g) from the Prosper Residential Pool and Spa Guidelines and additional verbiage regarding diving depth requirements.Motion approved 5-0. 10. Consider and act upon approval of the Preliminary Plat for the Highland Woods Addition, being 10 single family residential lots on 9.624± acres of land situated in the Elisha Chambers Survey,Abstract No. 179,located on the west side of Coit Road 500±feet south of Frontier Parkway(F.M. 1461). (D06-20) (CT) Claude Thompson, Town Planner, gave council background information on this item. Cheryl Vines, property owner, spoke in favor of the project and answered questions for council. Dave Williams, property developer, answered question for council. Motioned by Drown, seconded by Wadsworth to approve the plat per staff recommendations: variance to allow the longer cul-de-sac length; pavement width be illustrated as 31 feet on the final plat; and the Town Engineer endorse the sewer plan prior to consideration of the final plat. Motion approved 5-0. PUBLIC HEARINGS 11. A public hearing to consider and act upon a request to rezone 127.829± acres of land situated in the Collin County School Land Survey, Abstract No. 147, located south of Prosper Trail (C.R. 4) 1,400±feet east of Dallas Parkway(C.R. 27),from Agriculture (A) District to Planned Development(PD)District for church-related uses. (Z06-12) Tabled from September 26,2006. (CT) Claude Thompson gave council background information on this item. Thompson informed council that staff recommended the proposed feeder road for the tollway be located on the west side of the property as illustrated in option"D". The public hearing was continued from the September 26, 2006 Town Council Meeting. Mike Buster, Executive Pastor at Prestonwood Baptist Church, discussed with council the church's intentions for the property. Mark Jordan, 6520 Twin Oaks, gave council a presentation on the church's plans for the property. Stephen Pickard, 1801 N. Lamar, gave council additional information on the church's plans for the property. Tom Simerly, 400 S. Houston Street, presented council with information on the projected traffic flow from the proposed church. Motioned by Wadsworth, seconded by Turley to close the public hearing. Motion approved 5-0. Mayor Niswanger closed the public hearing at 7:34 p.m. Jim Williams, property owner, spoke in favor of the project and answered questions for council. Page 4 of 7 Council discussed the various options for running the proposed north/south feeder road for the future tollway. Motioned by Wadsworth, seconded by Turley to approve the zoning request with alternative plan"B" for the proposed feeder road and direct staff to modify the Thoroughfare Plan and bring back to council a Thoroughfare Plan to reflect the change. Motion approved 5-0. Mayor Niswanger called for a break at 8:21 p.m. Mayor Niswanger called the meeting back to order at 8:36 p.m. 12. A public hearing to consider and act upon a request to rezone 15.3± acres of land located in the northeast corner of Fifth Street and the Burlington Northern/Santa Fe Railroad, being Blocks 24, 25 and 26 of the Collin County School Land Survey, Abstract No. 147, from Single Family-15 Residential(SF-15)District to Industrial(I)District. (Z06-15) (CT) Claude Thompson gave council background information on this item. Thompson also informed council that the applicant would like to have the item tabled until the council has finished the downtown zoning issue. Motioned by Wadsworth, seconded by Turley to open the,public hearing. Motion approved 5-0. Mayor Niswanger opened the public hearing at 8:40 p.m. There was no one wishing to speak on the item. Motioned by Wadsworth, seconded by Bristol to continue the public hearing to the January 9, 2007 Town Council Meeting. Motion approved 5-0. 13. A public hearing to consider and act upon a request to rezone 255.86± acres of land located in the northwest corner of First Street (C.R. 3) and Dallas Parkway (C.R. 27), being Tracts 125.58, 120.43 and 10.03 of the Collin County School Land Survey, Abstract No. 147,from Single Family-15 Residential (SF-15) District to Mixed Uses including 58.5 acres of Single Family-12.5 Residential (SF-12.5) District, 79.31 acres of Single Family-10 Residential (SF-10) District, 28.2 acres of Multifamily Residential (MF) District, 23.79 acres of Office (0) District, 12.85 acres of Neighborhood Services (NS) District, and 53.2 acres of Commercial Corridor(CC)District. (Z06-16) (CT) Claude Thompson gave council background information on this item. Motioned by Dritschler, seconded by Turley to open the public hearing. Motion approved 5-0. Mayor Niswanger opened the public hearing at 8:50 p.m. Scott Norris, owner/developer, gave council a presentation on the plans for the property and answered questions. Motioned by Wadsworth, seconded by Bristol to close the public hearing. Motion approved 5-0. Mayor Niswanger closed the public hearing at 9:06 p.m. Page 5 of 7 Council discussed the multi-family part of the proposal and how it would affect the overall number of multi-family dwellings proposed for the Town. Motioned by Wadsworth, seconded by Bristol to table the item to the October 24, 2006 Town Council Meeting. Motion approved 5-0. 14. A public hearing to consider and act upon a request to rezone 71.914± acres of land located in the northeast corner of Dallas Parkway (C.R. 27) and Prosper Trail (C.R. 4), being Tracts 19.27, 33.3868 and 19.257 of the Collin County School Land Survey, Abstract No. 147, from Single Family-15 Residential (SF-15) District to Mixed Uses including 27.94 acres of Multifamily Residential (MF) District and 43.97 acres of Commercial Corridor (CC) District,. (Z06-17) (CT) Claude Thompson gave council background information on this item. Motioned by Turley, seconded by Dritschler to open the public hearing. Motion approved 5-0. Mayor Niswanger opened the public hearing at 9:37 p.m. Scott Norris, owner/developer, answered questions for council. Motioned by Dritschler, seconded by Drown to close the public hearing. Motion approved 5-0. Mayor Niswanger closed the public hearing at 9:45 p.m. Motioned by Drown, seconded by Bristol to table the item until the October 24, 2006 Town Council Meeting. Motion approved 5-0. 15. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Larkin McCarty Survey,Abstract No. 600, Collin County, Texas, containing approximately 1.94 acres of land,and being more generally located on the north side of East First Street(CR 79), 1,100±feet west of Custer Road(CR 2478). (MD) Motioned by Dritschler, seconded by Turley to open the public hearing. Motion approved 5-0. Mayor Niswanger opened the public hearing at 9:47 p.m. There was no one wishing to speak on this item. Motioned by Turley, seconded by Wadsworth to close the public hearing. Motion approved 5-0. Mayor Niswanger closed the public hearing at 9:48 p.m. 16. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing approximately 17.34 acres of land, and being more generally located west of Custer Road(CR 2478), 175±feet north of East First Street(CR 79). (MD) Motioned by Wadsworth, seconded by Turley to open the public hearing. Motion approved 5-0. Mayor Niswanger opened the public hearing at 9:49 p.m. Page 6 of 7 There was no one wishing to speak on this item. Motioned by Turley, seconded by Bristol to close the public hearing. Motion approved 5-0. Mayor Niswanger closed the public hearing at 9:50 p.m. EXECUTIVE SESSION 17. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code,to wit : a) Section 551.087 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) b) Section 551.072 to discuss the acquisition of property located in an area bordered by Dallas Parkway to the west, Coleman Street to the east, Prosper Trail to the south, and Frontier Parkway to the north for a community park. (DM) Council recessed into executive session at 9:51 p.m. 18. Reconvene into regular session and take any action necessary as a result of the closed session. Council reconvened into regular session at 11:05 p.m. No action taken as a result of executive session. 19. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting. 20. Adjourn Meeting adjourned at 11:06 p.m. Attest: 4 Ile thew D. Denton, Town Secretary :Ili,arles or i r, ► . °` PA .a \. .. Ai .r. As.•• =. r • ' i t e ,+• • e • I. es ee s 10 ee•Meeeee•e•eo° S. Page7of7 ®�®1e/A�`7�p,S!°®%`°lit 11111 1 1 1