09.12.2006 Town Council MinutesMINUTES
Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
O F Folsom Elementary School (Cafeteria)
ER
Tuesday, September 12, 2006 immediately following the
Special Meeting of the Town Council
1. Call to Order / Roll Call.
The meeting was called to order at 6:50 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; Karen Gandy, Executive Director of the Economic Development Corporation; Ron Butler,
Business Manager; Kirk McFarlin, Police Chief, Claude Thompson, Town Planner; Bryan Ausenbaugh,
Building Official; David Ledwitz, Code Enforcement Officer; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Doug Fox, First United Methodist Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Doug Mousel, Town Administrator, informed the council the Charter Commission was ready with the
proposed charter for the November 7, 2006 election.
Lisa Dritschler informed the council about the Prosper Homecoming Parade to be held September 29'h
Mike Wadsworth informed the council the Northern Collin County Leadership Program was starting on
Thursday September 10 and would be attended by Andrea Berry, Hulon Webb, and Matt Denton.
David Bristol informed the council the fund raiser for Prosperity Place raised $75,000.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• August 22, 2006 Regular Meeting
• September 5, 2006 Tax Rate Public Hearing
ORDINANCES AND RESOLUTIONS
Page 1 of 7
b. Consider and act upon 1) amendments to the Interlocal Agreements between the Town of
Prosper and the City of Frisco for delivery of dispatch services for fire and police and 2) a
resolution authorizing the Mayor to execute the same. (KM)
C. Consider and act upon 1) an agreement between Collin County and the Town of Prosper for
Prosper to furnish emergency ambulance services to the unincorporated areas of Collin
County within the Prosper Fire District and 2) a resolution authorizing the Mayor to execute
the same. (RT)
d. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in
the Collin County School Land Survey, Abstract 147, Collin County, Texas, containing
approximately 127.854 acres of land, and being more generally located south of Prosper Trail
(CR 4), 1,400± feet east of Dallas Parkway (CR 27). (MD)
e. Consider and act upon a contract for election services between the Town of Prosper and the
Collin County Elections Administration for administering the November 7, 2006 Special
Election. (MD)
DEVELOPMENT PLANS
f. Consider and act upon an ordinance for the rezoning of 65± acres of land situated in the
George Horn Survey, Abstract No. 412, located on the west side of Custer Road (F.M. 2478)
1,575± feet south of Frontier Parkway (F.M. 1461), from Agriculture (A) District to Planned
Development (PD) District for Single Fainly Estate Residential (SF -E) uses with private rural
streets. (Z06-11) (CT).
g. Consider and act upon an ordinance amending the Zoning Ordinance (Ordinance No. 05-20)
regarding the regulation of the sale of alcohol by private clubs, restaurants and cafeterias,
more specifically amending Chapter 3, Section 1.4.26 (Conditional Development Standards).
(Z06-13) (CT)
FINAL ACCEPTANCE
h. Consider and act upon a request for final acceptance of the Lakes of La Cima, Phase Four,
being 71 lots on 31.0± acres on the west side of La Cima Boulevard, 150± feet north of
Monticello Drive (D05-31). (HV)
i. Consider and act upon final acceptance of the Lakes of La Cima, Phase Five, being 136 lots on
51.5± acres on the west side of Coit Road, 1,300± feet south of First Street (D05-32). (HVA
Consider and act upon final acceptance of the Lakes of Prosper, Phase One, being 172 lots on
65.7± acres on the north side of Prosper Trail, 1,200± feet east of the Dallas North Tollway
(D03-12). (HV)
ANNEXATION PETITIONS
k. Consider and act to accept a petition presented by CC Joint Ventures, LP to set dates for two
public hearings and call for a service plan for the voluntary annexation of a 1.94 acre tract of
land located in the Larkin McCarty Survey, Abstract No. 600, and being more generally
located north of East First Street (CR 79), 1,100± feet west of Custer Road (CR 2478). (MD)
1. Consider and act to accept a petition presented by CC Joint Ventures, LP to set dates for two
public hearings and call for a service plan for the voluntary annexation of a 17.34 acre tract of
Page 2 of 7
land located in the Larkin McCarty Survey, Abstract No. 600, and being more generally
located west of Custer Road (CR 2478), 1751 feet north of East First Street (CR 79). (MD)
Motioned by Dritschler, seconded by Drown to approve the consent agenda subject to staff
recommendations. Motion approved 5-0.
PUBLIC COMMENTS
5. Comments by the Public
There were no comments by the public.
PRESENTATIONS
6. A presentation by IESI regarding IESI's solid waste and recycling services in Prosper.
Dick Demien with IESI gave council a short presentation on the status of the solid waste and recycling
programs in Prosper.
REGULAR AGENDA
PUBLIC HEARINGS
7. 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) (CT)
Claude Thompson, Town Planner, gave council background of this item. He also informed the council the
applicant has requested this item be tabled until the September 26, 2006 Town Council Meeting.
Motioned by Turley, seconded by Dritschler to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 7:09 p.m.
There were no comments by the public.
Motioned by Wadsworth, seconded by Turley to continue the public hearing to the September 26, 2006
Town Council Meeting. Motion approved 5-0.
8. A public hearing to consider and act upon a request to rezone ±0.915 acre of land at 407 S.
Coleman Street (Bus 289), being a part of Lot 30 of the Collin County School Land Survey,
Abstract No. 147, from Single Family -15 Residential (SF -15) District to Office (0) District.
(Z06-14) (CT)
Claude Thompson, Town Planner, gave council background of this item. He also informed the council the
applicant has requested this item be tabled until the September 26, 2006 Town Council Meeting.
Motioned by Bristol, seconded by Drown to open the public hearing. Motion approved 5-0
Mayor Niswanger opened the public hearing at 7:10 p.m.
Page 3 of 7
Phyllis James, 505 Coleman, spoke in opposition to the rezone
Maureen Patin, 3730 E. Prosper Trail, did not speak but turned in a speaker request Urm. marking support for
the rezone.
Motioned by Dritschler, seconded by Wadsworth to continue the public hearing to the September 26, 2006
Town Council Meeting. Motion approved 5-0.
9. A public hearing to consider and act upon a request to rezone 1.343± acres of land at 205 and
207 South Church Street, being Lots 1 thru 6 and Lots 10A, 11A and 12A of Block 22 of
Bryant's Addition No. 1, from Single Family -15 Residential (SF -15) District to Single Family -
15 Residential District with Specific Use Permit for Child Day Care Center. (506-03) (CT)
Claude Thompson, Town Planner, gave council background information on this item.
Motioned by Wadsworth, seconded by Drown to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 7:20 p.m.
Doug Fox, Pastor Prosper United Methodist Church, answered questions for council.
Marci Bell, Preschool Director for Prosper UMC, also answered questions for council.
Jaciene Bryant, 209 S. Church Street, spoke in opposition to the proposed rezone.
Motioned by Bristol, seconded by Turley to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 7:37 p.m.
Motioned by Wadsworth, seconded by Drown to approve the rezoning request with the following stipulation:
The playground area located on the south side of the property be removed from the site plan. Motion
approved 5-0.
DEPARTMENT ITEMS
10. Discuss and provide direction to Town staff regarding the Town requirements for the
installation of water wells. (HV)
Brian Ausenbaugh, Town Building Official, gave council background information on this item.
Steve Allphin, 1501 Highland Meadows Ct., spoke in opposition to the Town requiring Reduced Pressure
Backflow Assembly (RPBA) valves on water wells.
Jack Wulz, 1600 Blue Forest Drive, spoke in opposition to the Town requiring Reduced Pressure Backflow
Assembly (RPBA) valves on water wells.
Sherry Allphin, 1501 Highland Meadows Ct., spoke in opposition to the Town requiring Reduced Pressure
Backflow Assembly (RPBA) valves on water wells.
Chris Blair, 841 Sibyl Lane, spoke in support of requiring RPBA valves.
Page 4 of 7
Chris Turner, 1430 Blue Forest Drive, spoke in opposition to the Town requiring Reduced Pressure
Backflow Assembly (RPBA) valves on water wells.
Council instructed staff to bring back an ordinance based on the current laws and staff interpretation of how
the laws should be applied.
11. Discuss and provide direction to Town staff regarding patterns of residential densities. (CT)
Claude Thompson, Town Planner, gave council background information on this item.
Council instructed staff to provide an update to the council on residential densities every six months.
12. Consider and act upon 1) a contract agreement between the Town of Prosper and Freese and
Nichols, Inc., regarding the professional engineering services of an elevated storage tank west
of Preston Road and 20" water line from the tank along First Street to Coit Road and 2) a
resolution authorizing the Mayor to execute the same. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Wadsworth, seconded by Turley to approve 1) a contract agreement between the Town of
Prosper and Freese and Nichols, inc., regarding the professional engineering services of an elevated storage
tank west of Preston Road and 20" water line from the tank along First Street to Coit Road and 2) a
resolution authorizing the Mayor to execute the same with the following stipulation: The contract not be
executed until the Town has received the bond money. Motion approved 5-0.
13. Consider and act upon an ordinance adopting the FY 2006-2007 Town budget. (DM)
Doug Mousel, Town Administrator, gave council background information on this item.
Motioned by Dritschler, seconded by Drown to approve the ordinance. Motion approved 5-0.
14. Consider and act upon an ordinance adopting the FY 2006-2007 Prosper Economic
Development Corporation budget. (KG)
Karen Gandy, Executive Director of the Economic Development Corporation, gave council
background information on this item.
Motioned by Wadsworth, seconded by Bristol to approve the ordinance. Motion approved 5-0.
15. Consider and act upon an ordinance adopting the Town's 2006 property tax rate. (DM)
Doug Mousel, Town Administrator, gave council background information on this item.
Motioned by Bristol "I move that property taxes be increased by the adoption of a tax rate of $0.498817 per
$100 of assessed value through approval of an ordinance adopting a property tax rate of $0.498817 on all
taxable property with $0.184549 of the tax rate being for the purpose of maintenance and operations and
$0.314268 being for interest and sinking." Seconded by Wadsworth. Motion approved 5-0.
16. Discuss and provide direction on a possible amendment to the Town ordinance concerning the
discharge of a firearm in the Town limits. (KM)
Page 5 of 7
Kirk McFarlin, Police Chief, gave council background information on this item and made recommendations
based on research from other cities.
Council instructed staff to bring back an amendment to the ordinance based on the staff recommendations
presented.
17. Discuss and provide direction to Town staff regarding the status of the Town's personal
property tax on vehicles leased for personal use. (RB)
Ron Butler, Business Manager, gave council background information on this item.
Council instructed staff to keep the personal property tax on vehicles leased for personal use for now, but
review it annually.
18. Consider and act upon an ordinance establishing a Planning and Zoning Commission. (MD)
Matt Denton, Town Secretary gave council background information on this item.
Motioned by Drown, seconded by Wadsworth to approve the ordinance establishing a Planning and Zoning
Commission. Motion approved 5-0.
19. Consider and act upon an ordinance establishing a process for permitting the sale of mixed
beverages in conjunction with a food and beverage permit and establishing associated fees.
(MD)
Matt Denton, Town Secretary gave council background information on this item.
Motioned by Drown, seconded by Wadsworth to approve the ordinance. Motion approved 4-1. Turley voted
"no'.
EXECUTIVE SESSION
20. 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 closed session.
21. Reconvene into regular session and take any action necessary as a result of the closed session.
22. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Councilmember Wadsworth asked that liaisons be appointed to the boards and commissions on September
26, 2006.
Page 6 of 7
Councilmember Dritschler asked that staff look into a recycling program for the schools. Dritschler also
asked staff to research and make sure all applicants for the boards and commissions are registered voters in
Prosper.
23. Adjourn
Motioned to adjourn by Turley, seconded by Bristol. Motion approved 5-0.
Meeting adjourned at 10:18 p.m.
Page 7 of 7
harles Nis anger,