01.10.2006 Town Council MinutesISPOER OWNNF
1. Call to Order 1 Roll Call.
Meeting was called to order at approximately 6:04p.m.
Roll call was taken by the Town Secretary
Minutes (approved)
Regular Meeting of the Prosper Town Council
800 Somerville Drive
Folsom Elementary School (Community Room)
Tuesday, January 10, 2006 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Dave Turley, Kevin Drown, Mike Wadsworth, and David Bristol. Mayor Pro -
Tem Lisa Dritschler was absent.
Staff present included: Town Administrator, Doug Mousel; Planning Director, Mitch Humble; and Town Secretary, Shanae
Jennings.
2. Invocation and Pledge of Allegiance
Invocation was given by Pastor Mark Bryant of the First Baptist Church of Prosper. Pledge of Allegiance followed.
3. Announcements of dates and times of upcoming community events
Boots and Bling fundraiser at the Bill Bates Ranch on January 21, 2005 to raise money for the Prosper Open Foundation, which is
a scholarship fund for children in Prosper.
PRESENTATIONS
4. Hear a presentation on the Arts of Collin County project and discuss and provide direction to Town staff regarding
the Town's potential participation in the Arts of Collin County Commission. (DM)
Maher Maso who serves as the VP of the Arts of Collin County and James Baudoin who serves as the Executive Director of the
Arts of Collin County both presented information regarding the overall benefit of the Town of Prosper participating as a partner city
in the Arts of Collin County.
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.)
5. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings: (SJ)
• December 13, 2005 Regular Meeting
• December 13, 2005 Joint Meeting of the Prosper Town Council and Prosper EDC
PLATS
b. Consider and act upon an amended plat of Gentle Creek, Phase Three, Block J, Lot IR, being one lot on 1.2± acre
at the southeast corner of Gentle Way and Crooked Stick Drive (D05.34). (MH)
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ORDINANCES AND RESOLUTIONS
c. Consider and act upon an ordinance adopting a drought contingency plan, establishing criteria for the initiation
and termination of drought response states, and establishing restrictions on certain water uses. (DM)
d. Consider and act upon an ordinance adopting a water conservation plan to promote the responsible use of water.
(DM)
e. Consider and act upon and ordinance pertaining to illegal water connections and the theft of water and providing
penalties for the violation of the ordinance. (DM)
C Consider and act upon an ordinance amending Ordinance Nos. 02-33 and 04115 to increase the rates for the
collection and disposal of solid waste and recyclables. (DM)
g. Consider and act upon the adoption of an ordinance amending Zoning Ordinance No. 05.20 regarding building
materials requirements for accessory buildings (Z05.17). (MH)
h. Consider and act upon the adoption of an ordinance rezoning 6.2± acres on the west side of Coit Road, 1,100±
feet north of University Drive from Planned Development -Multifamily to Office (Z05.18). (MH)
i. Consider and act upon the adoption of an ordinance rezoning 12.8± acres on the north side of University Drive,
1,250± feet west of Coit Road from Planned Development -Multifamily to Commercial (Z05-19). (MH)
j. Consider and act upon a resolution authorizing the Town's FinancelBusiness Manager to transmit funds for
investment and to take all other actions necessary for the investment of funds in the Town's TexPool accounts. (RoB)
1 CONTRACTS AND AGREEMENTS
1 k. Consider and act upon 1) an agreement between the Society for the Prevention of Cruelty to Animals of Texas and
the Town of Prosper regarding the provision of animal control services and 2) a resolution authorizing the Mayor to
execute the same. (DM)
I. Consider and act upon 1) an agreement between the Town of Prosper and Freese and Nichols, Inc. regarding
consulting engineering services and 2) a resolution authorizing the Mayor to execute the same. (DM)
m. Consider and act upon 1) an agreement between the Town of Prosper and HNTB Corporation regarding
consulting engineering services and 2) a resolution authorizing the Mayor to execute the same. (DM)
FINANCIALS
n. Consider and act upon the financial statements ending November 30, 2005. (RoB)
Motioned by Mike Wadsworth, seconded by Kevin Drown to approve the consent agenda, subject to staff recommendations.
Motion approved 4-0.
Council took a short recess at approximately 6:48 p.m. so they could speak to a group of boy scouts that attended the meeting.
Council reconvened from their recess at approximately 7:06 p.m.
PUBLIC COMMENTS
(The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public
Comments Form" and present it to the Town Secretary prior to the meeting.)
6. Comments by the Public
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Stephen Kifer, 811 Brittany Way, Prosper, TX 75078 — He spoke regarding the availability of and use of public parks as well as the
desire to have more information relating to the parks within Prosper placed on the website.
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a 'Speaker Request Form' and present it to the Town Secretary prior to the
meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those wishing to speak on a non-public hearing related item
will be recognized on a qase-by-case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS
7. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located
in the P. Barnes Survey, Abstract No. 79, Denton County, Texas, J. Gonzales Survey, Abstract No. 447, Denton County,
Texas, B.R. Hodges Survey, Abstract No. 593, Denton County, Texas, and J. Kennedy Survey, Abstract No. 1688, Denton
County, Texas, containing approximately 107.6 acres of land, and being more generally located on the southeast comer of
Fishtrap Road (First Street) and FM 1385. (SJ)
Motioned by Kevin Drown, seconded by Dave Turley to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:09 p.m.
No one spoke regording this public hearing. No action was necessary as a result of the public hearing.
Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:09 p.m.
8. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located
in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 21.72 acres of
land, and being more generally located on the southeast comer of west First Street and Legacy Drive. (SJ)
Motioned by David Bristol, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:10 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.
Mayor Charles Niswanger closed the public hearing at 7:10 p.m.
9. A public hearing to consider and act on a request to rezone 8.8± acres on the north side of Prosper Trail, 1,100± feet
west of Dallas Parkway from Single Family -15 to Commercial Corridor (Z05-15). (MH)
Motioned by Dave Turley, seconded by Kevin Drown to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:14 p.m.
No one spoke regarding this public hearing.
Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:14 p.m.
Motioned by Mike Wadsworth, seconded by Kevin Drown to approve a request to rezone 8.8± acres on the north side of Prosper
Trail, 1,100± feet west of Dallas Parkway from Single Family -15 to Commercial Corridor (Z05-15). Motion approved 4-0.
DEPARTMENT ITEMS
10. Discuss the results of the Town's citizen survey. (DWSJ)
--Council briefly disgussed the results of the citizen survey.
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11. Recess into closed session in accordance with Section 551.001 et Seq. Texas Government Code, to wit: Section
551.087 - Discuss and deliberate financial information that the Town Council and PEDC have received from a business
prospect that the Town Council and PEDC seek to have locate, stay, or expand in or near the territory of the Town
Council and PEDC and with which the Town Council and PEDC are conducting economic development negotiations
and to deliberate the offer of a financial or other incentive to such business prospect
Council recessed into executive session at approximately 7:21 p.m.
Motioned by Mike Wadsworth, seconded by David Bristol to convene into executive session. Motion approved 4-0. Ray Smith,
President of the Prosper Economic Development Corporation, was asked to join the executive session.
12. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Mike Wadsworth, seconded by Kevin Drown to reconvene into regular session. Motion approved 4-0.
Council reconvened from executive session at approximately 8:18 p.m.
Council directed staff to proceed with the notice to other taxing units of Council's intent to possibly enter into tax abatement
agreements and set a public hearing date for February 14, 2006 for the designation of a reinvestment zone for such purposes and
receive Prosper Economic Development Corporation recommendations on granting certain incentives requested by CTX Builders
Supply, a Division of Centex Homes. Motion approved 4-0.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
There were no items suggested for discussion at a future meeting.
14. Adjourn
Motioned by Mike Wadsworth, seconded by Dave Turley to adjourn. Motion approved 4-0. The meeting was adjourned at
approximately 8:?0 p.m.
Attest:
Sh nae Jennings, T4
Secretary
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ares Niswanger, Mayo