08.26.2008 Town Council MinutesISPER
OWN OF
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 ISD Central Administration
605 E. Seventh Street, Prosper, Texas
Tuesday, August 26, 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; Chris
Copple, Senior Planner; Matthew Garrett, Finance Director; Wade Harden, Senior Planner; and Matthew Denton,
Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Carter Morris, Prestonwood Baptist Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mike Land, Town Manager, announced there would be a meeting regarding the widening of Prosper Trail on
Thursday, August 28, 2008 at the Prestonwood North Campus. Mike also announced there would be a special
Parks and Recreation Board meeting on August 28, 2008 a the Prosper ISD Central Administration Building at 6:00
p.m.
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.
5. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
CONSENT AGENDA
6. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
+ August 12, 2008 — Town Council Meeting
ORDINANCES, RESOLUTIONS. AND AGREEMENTS
b. 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)
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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. (CC)
C. Consider and act upon an ordinance amending the Zoning Ordinance (Chapter 3, Sections 1 and 2)
creating a definition for a wind energy system and prohibiting a wind energy system in all zoning
districts. (Z08-9). (CC)
FINANCIALS
d. Consider and act upon the financial statements ending July 31, 2008. (MG)
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.
Cathy Blozis, 1311 Amistad Drive, asked the council to resubmit the request to get a light at La Cima Blvd. and
380.
REGULAR AGENDA
DEPARTMENT ITEMS
8. Consider and act upon 1) a User Agreement between the Prosper Area Soccer Association and the
Town of Prosper, regarding the use of Folsom Park 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, spoke against using the fields as game fields.
Lloyd Mills, 490 Cloud View Ct., spoke for using the fields as game fields.
Mike Hamilton, 1070 Thorndale Circle, supported using Folsom as game fields.
John Hickey, 670 Willowview, supported using Folsom as game fields.
Casey Crawford, 650 Rock Hill Rd., supported using Folsom as game fields.
John Papagolos, 5225 Village Creek Drive, Plano, spoke against using the fields as game fields.
Rich Dickey, 1401 Cedar Lake Dr., supported using Folsom as game fields.
Marcy Couturier, 870 White River Dr., spoke against using the park as game fields.
Scott Scher, 981 Woodview, supported using Folsom as game fields.
Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Smith to enter into a user agreement between
the Prosper Area Soccer Association and the Town of Prosper, regarding the use of Folsom Park and adopt a
resolution authorizing the Town Manager to execute the same.
Motion approved 6-0.
9. Consider and act upon a resolution acknowledging the Town's intent regarding the improvements at
Folsom Park. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Mike McClung, 1400 Cedar Springs, spoke against having the lights on the fields.
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Motioned by Councilmember Vestal, seconded by Councilmember Wilson to approve a resolution acknowledging
the Town's intent regarding the improvements of Folsom Park with the following conditions.
1. Town's Intent not to allow league game play on the site.
2. The requirement for athletic leagues to enter into contract with the Town prior to using the location for
organized practice functions.
3. Town's intent to keep six permanent soccer goals on the site.
4. Town's intent to remove all bleachers from the location.
5. Town's intent to revisit the option of removing the sports lights on or about December 31, 2010 and/or
whenever the 57 acre park becomes active, whichever comes first.
Motion approved 4-2 with Mayor Pro -Tem Smith and Deputy Mayor Pro -Tem Dugger voting "no."
10. Consider and act upon 1) an Escrow Agreement regarding the timing of construction of various turn
lane improvements to serve the Prosper Plaza Project 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 Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve an Escrow
Agreement regarding the timing of construction of various turn lane improvements to serve the Prosper Plaza
Project and 2) adopt a resolution authorizing the Town Manager to execute the same, subject to review by the
Town's Attorney.
Motion approved 6-0.
11. Consider and act upon 1) an Interlocal Cooperative Agreement between the City of McKinney and
the Town of Prosper concerning the construction of various turn lanes at the northwest corner of
US Highway 380 and FM 2478, Custer Road (FM 2478) from Stonebridge Drive to US 380
Improvements 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 Councilmember Miller, seconded by Deputy Mayor Pro -Tem Dugger to approve an Interlocal
Cooperative Agreement between the City of McKinney and the Town of Prosper concerning the construction of
various turn lanes at the northwest corner of US Highway 380 and FM 2478, Custer Road (FM 2478) from
Stonebridge Drive to US 380 Improvements and 2) adopt a resolution authorizing the Town Manager to execute the
same, subject to review by the Town's Attorney.
Motion approved 6-0.
12. Consider and act upon 1) an Interlocal Cooperation Agreement between Denton County and the
Town of Prosper regarding the maintenance of roads in Denton County 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 Councilmember Vestal, seconded by Councilmember Wilson to enter into an Interlocal Cooperation
Agreement between Denton County and the Town of Prosper regarding the maintenance of roads in Denton County
and 2) adopt a resolution authorizing the Town Manager to execute the same.
Motion approved 6-0.
13. Consider and act upon a change order #1 to JRJ Paving, Inc, for the US 380 / Coit Road Right Turn
Lane Project. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
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Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approve the Change Order #I
in the amount of $4,319.07 to JRJ Paving, Inc., for the US 380/Coit Road Right Turn Lane Project.
Motion approved 6-0.
PUBLIC HEARINGS
14. A public hearing to consider and act upon a request to rezone 11.3± acres, located on the west side of
Coleman Street, 200± feet south of Eagle Lane, from Agricultural (A) to Commercial (C). (Z08-10).
(CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Vestal to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:30 p.m.
There were no comments by the public.
Motioned by. Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 8:31 p.m.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded Mayor Pro -Tem smith to approve a request to rezone
11.3± acres, located on the west side of Coleman Street, 200± feet south of Eagle Lane, from Agricultural (A) to
Commercial (C).
Motion approved 6-0.
15. A public hearing to consider and act upon a request to rezone 0.6± acre (508 East Broadway Street),
located on the southwest corner of Broadway Street and Field Street, from Single Family -15
(SF -15) to Downtown Office (DTO). (Z08-12). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:33 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to close the public hearing.
Motion approved 6-0.
Motioned by Mayor Niswanger, seconded by Councilmember Vestal to approve the request to rezone.
Motion approved 6-0.
16. A public hearing to consider and act upon a request to rezone 2.1± acres, located on the southwest
corner of Prosper Trail and Robison Creek Drive, from Single Family -15 (SF -15) to Single Family -
12.5 (SF -12.5). (Z08-13). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
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Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:36 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 8:37 p.m.
Motioned by Councilmember Miller, seconded by Deputy Mayor Pro -Tem Dugger to approve a request to rezone
2.1f acres, located on the southwest corner of Prosper Trail and Robison Creek Drive, from Single Family -15 (SF -
15) to Single Family -12.5 (SF -12.5).
Motion approved 6-0.
17. Presentation of Service Plan and second public hearing to consider the voluntary annexation of
approximately 11.295 acres of land located in the Collin County School Land Survey, Abstract No.
147, Collin County and being more generally located west of Coleman Street and +_1750' south of
Prosper Trail. (MD)
Matthew Denton, Town Secretary, gave council background information on this item.
Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Smith to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:38 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro -Tem Dugger, second by Councilmember Miller to close the public hearing.
Motion approved 6-0.
18. A public hearing to discuss the Town of Prosper proposed 2008-2009 tax rate. (ML)
Mayor Niswanger read the following statement:
Following the Budget Proposal by the Town Manager during our August 12t11 meeting, the Town Council
voted unanimously to advertise the Town Manager's proposed tax rate equal to the current tax rate of $0.52
per $100 of taxable appraised values.
This is the first of two public hearings to discuss the tax rate. The second public hearing is scheduled for
September 9, 2008 at 6:00 pm at this same location now referred to as the Prosper ISD Central
Administration Building.
The Town Council will take a vote on the tax rate and budget at a meeting scheduled on September 16,
2008 at 6:00 pm in the Prosper Fire Station Training Room located at 1500 East First Street.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Vestal to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:40 p.m.
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There were no comments by the public.
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 8:41 p.m.
19. Town Manager Comments.
20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Deputy Mayor Pro -Tem asked for the status of the light at 380 and LaCima Blvd. be addressed. Dugger also asked
that the application for a light at Coit/380 be resubmitted.
21. Adjourn.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Vestal to adjourn.
Motion approved 6-0.
The meeting was adjourned at 8:51 p.m.
Attest:
Denton, TRMC
Town Secretary
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Charles Niswanger, Mayor