07.22.2008 Town Council MinutesISPER
OWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:07 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, July 22, 2008 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem
Kenneth Dugger, David Vestal, Meigs Miller, and Danny Wilson.
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Wade
Hardin, Senior Planner; Chris Copple, Senior Planner; Wayne Snell, Building Official; Matthew Garrett, Finance
Director; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Councilmember Meigs Miller.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Hulon Webb, Director of Development Services, announce the North Texas Tollway Authority would be holding a
public meeting regarding the Dallas North Tollway extension on July 24`h at the Prosper High School Cafeteria.
Joe Jaynes, County Commissioner, gave council a SH 121 update.
EXECUTIVE SESSION
4. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code,
to wit: Section 551.087 to deliberate regarding economic development negotiations regarding the
Prosper West project.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 6:13 p.m.
5. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Miller to reconvene into regular session.
Motion approved 6-0.
Council reconvened into regular session at 6:29 p.m.
CONSENT AGENDA
6. Consent Agenda
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MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• July 8, 2008 — Town Council Meeting
• July 15, 2008 — Special Town Council Meeting
• July 15, 2008 — Work Session
• July 17, 2008 — Work Session
ORDINANCES. RESOLUTIONS. AND AGREEMENTS
b. Consider and act upon an ordinance for the voluntary annexation of approximately 101.572 acres of
land being more generally located west of Gee Road and North of HWY 380. (MD)
C. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the
Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7)
and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan, (C:C:)
ANNEXATION PETITIONS
d. Consider and act to accept a petition presented by Charles Winikates to set dates for two public
hearings and call for a service plan for the voluntary annexation of approximately 11.295 acres of
land generally located west of Coleman Street and +1750' south of Prosper Trail. (MD)
FINANCIALS
e. Consider and act upon the financial statements ending June 30, 2008. (MG)
f. Consider and act upon the Town's quarterly investment report for the Quarter ending June 30, 2008.
(RB)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve the consent agenda.
Motion approved 6-0.
CITIZEN'S COMMENTS
7. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
8. A public hearing to consider and act upon a request to rezone 0.3± acre, located on the north side of
First Street, 100± feet west of Field Street, from Single Family -15 (SF -15) to Downtown Office
(DTO). (Z08-11). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Councilmember Miller, seconded by Councilmember Wilson to open the public hearing.
Motion approved 6-0.
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Mayor Niswanger opened the public hearing at 6:32 p.m.
Aaron Lenhart, property owner, answered questions for council.
Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Smith to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:33 p.m.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve the request to rezone
0.3± acre, located on the north side of First Street, 100± feet west of Field Street, from Single Family -15 to
Downtown Office.
Motion approved 6-0.
DEPARTMENT ITEMS
9. Atmos presentation regarding service to the Town of Prosper.
There was no representative for Atmos present to make a presentation.
10. Consider and act upon 1) an Interlocal Development Agreement regarding the reimbursement of
various construction costs to the Prosper Independent School District for the development of Prosper
High School and 2) adopt a resolution authorizing the Town Manager to execute the same. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve an Interlocal Development
Agreement regarding the reimbursement of various construction costs to the Prosper Independent School District
for the development of Prosper High School and 2) adopt a resolution authorizing the Town Manager to execute the
same.
Motion approved 6-0.
11. Consider and act upon a preliminary site plan of the Prosper Independent School District Bus Yard,
Maintenance Facility, and Small Animal Building on a 73.8± acre tract, located north of the existing
Prosper Middle School, south of the existing agriculture building. The property is zoned Single
Family -15. (D08-8). (CC)
Hulon Webb, Director of Development Services, gave council background information on this item.
Charles Stuber, PISD Board President, answered questions for council.
George Dupont, P&Z Commissioner, spoke against waiving the screening requirements.
Dan Tolleson, PISD Board Member, answered questions for council.
Chris Blair, Sybil Lane, addressed the council regarding the proposed project.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve subject to the following
requirements:
1. The applicant revising the preliminary site plan to show a 24' wide fire lane north of the houses along
Eighth Street in order to provide cross access to Coleman Street internally within the school site.
2. The applicant revising preliminary site plan to provide screening along the south side of the 24' wide
fire land adjacent to the houses along Eighth Street and along the north side of Eagle Lane adjacent to
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the residential properties. This screening shall consist of three (3) inch caliper evergreen trees on
twenty (20) foot centers.
3. Council is waiving the perimeter screening requirement along the north, south, east and west sides of
the bus yard, maintenance facility and small building.
4. Council is allowing the 6' vinyl chain link fence in lieu of the required 6' ornamental metal fence or
clay fired brick wall.
5. Fire Department approval of all fire hydrants and fire lanes including widths, radii, construction
materials.
6. Town Engineer approval of preliminary water, sewer, and drainage plans.
Motion approved 4-0 with Mayor Pro -Tem Smith and Councilmember Wilson voting "no"
12. Consider and act upon a site plan of the Prosper Independent School District Bus Yard, Maintenance
Facility, and Small Animal Building on a 73.8± acre tract, located north of the existing Prosper
Middle School, south of the existing agriculture building. The property is zoned Single Family -15.
(D08-18). (CC)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approved subject to the
following requirements.
1. The site plan being revised to reflect the preliminary site plan as approved by the Town Council.
2. Fire Department approval of all fire hydrants and fire lanes including widths, radii, construction.
materials.
3. Additions and/or alterations to the engineering plans and site plan by the Town Engineer.
4. Town staff approval of the landscape plan showing the screening as required per the approved
preliminary site plan.
5. Council is waiving the interior landscaping requirement for the bus yard, maintenance facility and
small building.
6. Council is waiving the facade plan submittal requirement. Council is allowing the bus maintenance
facility and small animal building to have a metal fagade in lieu of the required 100% masonry fagade.
7. The final plat of the 73.8± acre tract being recorded with Collin County prior to the Town's issuance of
a Certificate of Occupancy for the bus yard, maintenance facility and small animal building.
Motion approved 6-0.
13. Consider and act upon 1) entering into a Participation Agreement with Oncor Cities Standing
Steering Committee and 2) a resolution authorizing the Town Manager to execute the same. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
Motioned by Councilmember Miller, seconded by Mayor Pro -Tem Smith to enter into the Participation Agreement
with Oncor Cities Standing Steering Committee.
Motion approved 6-0.
14. Consider and act upon a resolution suspending the August 8, 2008, effective date of Oncor Electric
Delivery Company requested rate change to permit the city time to study the request and to establish
reasonable rates; approving cooperation with Oncor Cities Steering Committee to hire legal and
consulting services and to negotiate with the company and direct any necessary litigation and
appeals. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
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Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to suspend the proposed Oncor
rate increase for 90 days following the otherwise effective date of August 8, 2008.
Motion approved 6-0.
15. Consider and act upon recommendations regarding the location of the future Prosper Post Office.
(ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Councilmember Wilson, seconded by Mayor Pro -Tem Dugger to submit to the USPS the staff memo
regarding the pros and cons of each proposed location for the Post Office.
Motion approved 6-0.
16. Discuss and update the Town Council on the design revisions to the Highland Meadows Drainage
Project. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Council directed staff to wait to fund this project through possible future bond issues.
17. Consider and act upon bid proposal for the US 380 / Coit Road Right Turn Lane and take any action
necessary. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Miller to approve the bid to JRJ Paving LP, in
the amount of $75,028.39, enter into a contract agreement with JRJ Paving LP, regarding the construction services
for the US 380 / Coit Road Right Turn Lane and approve a resolution authorizing the Town Manager to execute the
same.
Motion approved 6-0.
18. Consider and act upon a resolution authorizing individuals named in the resolution to endorse
checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit with
the Financial Institution named in the resolution and exercise all of the powers listed in the
resolution. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
Mayor Niswanger stepped out of the room.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to designate the Mayor Charles
Niswanger, Mayor Pro -Tem Ray Smith, Town Manager Mike Land and Town Secretary Matthew Denton to
complete such duties.
Motion approved 5-0.
Mayor Niswanger stepped back into the room.
19. Consider and act upon 1) a User Agreement with the Prosper Area Soccer Association, regarding the
use of Folsom Park for organized practices; and 2) adopt a resolution authorizing the Town
Manager to execute the same. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Mike McClung, 1400 Cedar Springs Drive, spoke regarding the proposed agreement.
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Marcy Couturier, 871 White River, spoke regarding the proposed agreement.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to table the item until the
August 12, 2008 Town Council meeting.
Motion approved 6-0.
20. Town Manager Comments.
Mike Land, Town Manager, informed the council that he, Chief Tucker, Gary McHone, and Mayor Niswanger will
be in Austin on July 24`h and 25`h to discuss the Town getting the PSAP designation to become an 911 call center.
21. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
22. Adjourn.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Niswanger to adjourn.
Motion approved 6-0.
The meeting was adjourned at 8:17 p.m.
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