09.09.2008 Town Council Minutes�.
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TOWN OF
R S PER
1. Call to Order / Roll Call.
The meeting was called to order at 6:04 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Regular Meeting of the Prosper Town Council
Prosper ISD Central Administration Building
605 E. Seventh Street, Prosper, Texas
Tuesday, September 9, 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; Matthew Garrett, Finance Director; Wade Harden, Senior Planner; and Matthew Denton,
Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Mike Wadsworth.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
George Dupont addressed the council regarding the Prosper Trail meeting.
Dave Turley announced the Prosper Arts and Music Festival to be held on Saturday, September 13th at the Prosper
Town Center.
Mike Land announced the Prosper Homecoming Parade to be held on September 12th at 2:00 p.m.
Mike Wadsworth announced the beginning of the 5th class of the Northern Collin County Leadership Program on
Thursday, September 11th.
CONSENT AGENDA
6. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
August 26, 2008 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon an ordinance for 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)
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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. (CC)
d. Consider and act upon an ordinance rezoning 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)
e. Consider and act upon an ordinance rezoning 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)
f. Consider and act upon an ordinance rezoning 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)
g. Calling two public hearings for October 28, 2008 and November 4, 2008 for the involuntary
annexations of a 33.658 acre tract of land located north of Hwy 380 and 1720' west of the North
Dallas Parkway, a 9.619 acre tract of land located west of the North Dallas Parkway and 1990' south
of West First Street, a 19.960 acre tract of land located on Dallas North Parkway and 445' south of
West First Street, a 29.684 acre tract of land located north of West First Street and 350' west of
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Street and Basi of
Dallas North Parkway, a 12.561 acre tract of land located south of West First Street and 891' east
of Dallas North Parkway, a .0935 acre tract of land located east of Coleman Street and 671' south
of First Street, a 1.999 acre tract of land located west of Preston Road and north of East
Broadway Street, a 21.464 acre tract of land located west of Preston Road and 1340' south of
Prosper Trail, a 151.078 acre tract of land located east of Preston Road and west of Coit Road
and 1554' south of Prosper Trail, a .069 acre tract of land located in the William Butler Survey
Abstract Number 112, a 32.667 acre tract of land located north of First Street in the Larkin McCarty
Survey Abstract Number 600, a 6.787 acre tract of land located in the Larkin McCarty Survey
Abstract Number 600 and the Jeremiah Horn Survey Abstract Number 411, and a 3.876 acre tract of
land located west of Custer Road in the Jeremiah Horn Survey Abstract Number 41 L(MD)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to approve the consent agenda.
Motion approved 7-0.
CITIZEN'S COMMENTS
7. Other Comments by the Public.
REGULAR AGENDA
PUBLIC HEARINGS
8. A public hearing to consider and act upon a request to amend Section 2.05 of Planned Development -9
(PD -9), regarding the requirements for emergency access, containing 339.7± acres, located on the
west side of Custer Road, 100± feet north of First Street. (Z08-14). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Councilmember Turley, seconded by Councilmember Wilson to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:20 p.m.
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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 7-0.
Mayor Niswanger closed the public hearing at 6:21 p.m.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve the requested zoning
to amend Section 2.05, of the Planned Development -9 removing the requirement for an emergency access easement
per the attached Exhibit B.
Motion approved 7-0.
9. 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 12`h 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 second 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 Councilmember Miller, seconded by Councilmember Turley to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:22 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:23 p.m.
10. A public hearing to consider and act upon approval of an ordinance approving a negotiated
resolution with Atmos Energy Corp., formerly TXU Gas Company, regarding the Atmos Rate
Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the
settlement. (MG)
Matthew Garrett, Finance Director, 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 7-0.
Mayor Niswanger opened the public hearing at 6:25 p.m.
There were no comments by the public.
Motioned by Councilmember Vestal, seconded by Deputy Mayor Pro -Tem Dugger to close the public hearing.
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Motion approved 7 -0 -
Mayor Niswanger closed the public hearing at 6:26 p.m.
Motioned by Councilmember Miller, seconded by Councilmember Turley to approve an ordinance approviving a
negotiated resolution with ATMOS Engergy Corp, formerly TXU Gas Company, regarding the ATMOS Rate
Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the settlement.
Motion approved 7-0.
DEPARTMENT ITEMS
11. Discuss and give an update on the Town's Personnel Policy. (ML)
Mile Land, Town Manager gave council an update on the Town's Personnel Policy.
12. Consider and act upon a change order #2 to S.P.S.D., Inc., for the Folsom Park Improvement
Project. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approve Change Order #2 for
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Motion approved 7-0.
13. Discuss and give direction on the Board and Commission appointment process. (ML)
Mike Land, Town Manager, discussed the board and commission appointment process with the council.
Council directed staff to schedule interviews on September 22"d and appointments on September 30d'.
EXECUTIVE SESSION
4. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit:
a. Section 551.072 to deliberate regarding real property for parks and .recreation and a Town
Hall site.
b. Section 551.087 to deliberate regarding economic development negotiations regarding the
Prosper West project.
C. Section 551.074 to deliberate the evaluation of the Town Manager.
Motioned by Councilmember Turley, seconded by Councilmember Vestal to recess into closed session.
Motion approved 7-0.
5. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Council reconvened into open session at 9:00 p.m.
14. Town Manager Comments.
15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
16. Adjourn.
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The meeting was adjourned at 9:01 p.m.
Attest:
t#hew D. Denton, TRMC
Town Secretary
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es Niswanger, Mayor