08.12.2008 Town Council MinutesP-Pt
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TOWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:06 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, August 12, 2008 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem
Kenneth Dugger, Dave Turley, David Vestal, Meigs Miller, and Danny Wilson.
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Chris
Copple, Senior Planner; Wayne Snell, Building Official; Matthew Garrett, Finance Director; Ronnie Tucker, Fire
Chief; Kirk McFarlin, Police Chief, Frank Jaromin, Director of Public Works; and Matthew Denton, Town
Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by David Benefield, Lighthouse Christian Church.
The Pledge of Allegiance was led by three Boy Scouts.
3. Announcements of dates and times of upcoming community events.
EXECUTIVE SESSION
4. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit:
a. Section 551.072 Deliberations regarding real property for parks and recreation.
b. 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.
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to move the Executive Session
to the end of the agenda.
Motion approved 7-0.
CONSENT AGENDA
6. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
July 21, 2008 — Budget Work Shop
July 22, 2008 — Town Council Meeting
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ORDINANCES. RESOLUTIONS. AND AGREEMENTS
b. Consider and act upon an ordinance rezoning 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)
C. Consider and act upon a resolution supporting the discontinuation of the diversion of transportation
user revenues to non -transportation uses and the appropriation of all revenue generated from
highway user fees and taxes to fund transportation projects. (ML)
d. Consider and act upon a resolution setting the schedule for the involuntary annexations. (MD)
e. 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. (CC)
f. Consider and act upon a resolution calling for Public Hearing to be held on October 14, 2008 for
the creation of the Tax Increment Refinancing Zone. (ML)
ANNEXATION PETITIONS
g. Consider and act to accept a petition presented by Prosper Partners LP to set dates for two public
hearings and call for a service plan for the voluntary annexation of approximately 121.281 acres of
land generally located north of HWY 380 and +3640' west of the Dallas North Tollway. (MD)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve the consent agenda
subject to staff recommendations.
Motion approved 7-0.
CITIZEN'S COMMENTS
7. Other Comments by the Public.
Lisa Dritschler, 1285 Wheatland, addressed the council regarding issues with the Prosper Youth Sports Association.
Scott Dafft, PO Box 538, addressed the council regarding issues with the Prosper Youth Sports Association.
Mike McClung, 1400 Cedar Springs, addressed the council regarding the use of Folsom Park.
Paula LuAllen, 1470 Harvest Ridge, addressed the council regarding issues with the Prosper Youth Sports
Association.
Heather Doke, 636 Creek View, addressed the council regarding issues with the Prosper Youth Sports Association.
Pam Cooper, 403 Brookview Ct., addressed the council regarding issues with the Prosper Youth Sports
Association.
Barb Mills, 490 Cloud View Ct., addressed the council regarding issues with the Prosper Youth Sports Association.
Cindy Jones, 1351 Cedar Lake Dr., addressed the council regarding issues with the Prosper Youth Sports
Association.
REGULAR AGENDA
PUBLIC HEARINGS
8. A public hearing to consider and act upon an amendment to the Zoning Ordinance (Chapter 3,
Sections land 2) creating a definition and development standards for a Wind
Energy System. (Z08-9). (CC)
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Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Councilmember Turley, seconded by Mayor Pro -Tem Smith to open the public hearing. Motion
approved 7-0.
Mayor Niswanger opened the public hearing at 6:47 p.m.
Cleburne Smith, 17300 Dallas Parkway, Ste. 3310, Dallas Texas, opposed the ordinance.
David Bird, 2010 Beaver Trail, opposed the ordinance.
Dale Clark, 16250 Dallas N. Pkwy, opposed the ordinance.
David Blum, 6860 N. Dallas Pkwy, opposed the ordinance.
Tom Bolen, 1450 Woodhaven Dr., opposed the ordinance.
Tom Clark, 170 N. Preston, #10, opposed the ordinance.
David Cardile, Bonham, TX, supports the ordinance.
Charles Crumbly, gave a presentation supporting the ordinance.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Turley to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:45 p.m.
Motioned by Councilmember Turley, seconded by Mayor Pro -Tem Smith to amend the Zoning Ordinance creating
a definition for wind energy systems and prohibiting wind energy systems in the Town of Prosper.
Motion approved 7-0.
9. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of
approximately 11.925 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)
Motioned by Councilmember Turley, seconded by Mayor Pro -Tem Smith to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 8:06 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 8:07 p.m.
DEPARTMENT ITEMS
10. Consider and act upon 1) award of bid of Prosper Road Improvement Project 2008, 2) enter into a
contract agreement with low bidder Quality Excavation LTD, regarding the construction services
for Prosper Road Improvement Project 2008 and 3) approve a resolution authorizing the Town
Manager to execute the same. (FJ)
Frank Jaromin, Director of Public Work, gave council background information on this item.
Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Smith to enter into a contract agreement with
Quality Excavation LTD regarding the construction services for Prosper Road Improvement Project 2008 and
approve a resolution authorizing the Town Manager to execute the same.
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Motion approved 7-0.
11. Submission of Budget and Budget Message by the Town Manager. (ML)
Mike Land, Town Manager, gave a presentation of the proposed budget to council.
12. Consider and act upon a proposed tax rate for FY 2008-2009. (ML)
Motioned by Councilmember Turley, seconded by Mayor Pro -Tem Smith to propose a tax rate of 0.52 per $100
valuation, which would increase property tax revenues by $928,567 over last year's budget.
Motion approved 7-0.
13. Consider and act upon a schedule for public hearings on the proposed FY 2008-2009 tax rate. (ML)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to set the public hearings on the
proposal to increase total tax revenues for August 26th at 6:00 p.m. and September 91h at 6:00 p.m., with each
meeting taking place here in the Prosper Middle School Library located at 605 E. Seventh Street.
Motion approved 7-0.
EXECUTIVE SESSION
4. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit:
a. Section 551.072 Deliberations regarding real property for parks and recreation.
b. Section 551.087 to deliberate regarding economic development negotiations regarding the
Prosper West project.
Motioned by Councilmember Turley, seconded by Mayor Pro -Tem Smith to recess into closed session.
Motion approved 7-0.
The council recessed into closed session at 8:45 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 Deputy Mayor Pro -Tem Dugger to reconvene into regular
session.
Motion approved 7-0.
14. Town Manager Comments.
15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Council directed staff to work with the Parks and Recreation Board and the PYSA to address the concerns the
citizens raised.
16. Adjourn.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Turley to adjourn.
Motion approved 7-0.
The meeting was adjourned at 9:21 p.m.
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Attest:
attliew D. Denton, TRMC
Town Secretary
iarles Niswanger, Mayor
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