10.14.2008 Town Council Minutesi
TOWN OF
PR SPER
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 ISD Central Administration Building
605 E. Seventh Street, Prosper, Texas
Tuesday, October 14, 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; Matthew
Garrett, Finance Director; Wade Harden, Senior Planner; Chris Copple, Senior Planner; Kirk McFarlin, Police
Chief, Ronnie Tucker, Fire Chief, and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor John Fowler, Prosper Presbyterian Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger announced the opening of the North/South Service road of the Dallas North Tollway was open
through Prosper.
PRESENTATIONS
4. Presentation of a proclamation proclaiming Red Ribbon Week in Prosper, Texas. (KM)
Mayor Niswanger presented a proclamation to Chief McFarlin proclaiming Red Ribbon Week in Prosper.
5. Presentation on the State Highway 289/Preston Road Widening Project. (HW)
Joe Atwood with Lockwood, Andrews, & Newman, gave council a presentation regarding the State Highway
289/Preston Road Widening Project.
6. Discuss and receive a presentation regarding an analysis of the Town of Prosper's non-residential
development standards performed by Freese and Nichols, Inc. (HW)
Kevin Johnson, Freese & Nichols, gave council a presentation regarding an analysis of the Town of Prosper's non-
residential development standards.
CONSENT AGENDA
9. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
Page 1 of 7
September 22, 2008 — Special Town Council Meeting
September 23, 2008 — Town Council Meeting
September 30, 2008 — Special Town Council Meeting
ORDINANCES. RE, SOLUTIONS. AND AGREEMENTS
C. Consider and act upon a resolution to support the State Highway 289/ Preston Road Widening
Project from U.S. 380 to the Grayson County Line north of Celina. (HW)
d. Consider and act upon 1) an Interlocal Agreement between the Town of Prosper and the City of
Frisco regarding the provision of Geographic Information Systems (GIS) Services to the Town and 2)
a resolution authorizing the Town Manager to execute the same. (CC)
e. Consider and act upon 1) an Interlocal Agreement between Collin County and the Town of Prosper
concerning the construction of Coit Road Improvements from First Street to US 380 and 2) adopt a
resolution authorizing the Town Manager to execute the same. (HW)
f. Consider and act upon 1) an Interlocal Agreement between Collin County and the Town of Prosper
concerning the construction of First Street Improvements fi'oTil ri-estoil Roau (SH 289) to Coit Road
and 2) adopt a resolution authorizing the Town Manager to execute the same. (HW)
S. Consider and act upon 1) an Interlocal Agreement between Collin Countv and the Town of Prosner
concerning the construction of Prosper Trail Improvements from DallasNorthToll Road to BNSF
Railroad and from Coleman Street (Business 289) to Preston Road (SH 289) and 2) adopt a
resolution authorizing the Town Manager to execute the same. (HW)
h. Consider and act upon a resolution denying the proposed change in rates for Oncor Electric Delivery
Company LLC. (MG)
Councilmember Turley requested item 9b be removed from the consent agenda.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approved the Consent
Agenda items a, b -h subject to staff comments.
Motion approved 7-0.
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)
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)
Councilmember Turley asked staff questions regarding the property at the southwest corner of Preston Road and
Prosper Trail.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve item 9b.
Motion approve 7-0.
CITIZEN'S COMMENTS
10. Other Comments by the Public.
George Dupont, 1400 Harvest Ridge, addressed the council regarding the Commissioners Court meeting held
earlier in the day.
REGULAR AGENDA
Page 2 of 7
PUBLIC HEARINGS
11. Presentation of Service Plan and second Public hearing to consider the voluntary annexation of
approximately 121.281 acres of land located in the Collin County School Land Survey, Abstract No.
147, Collin County and being more generally located north of Hwy 380 and +3640' west of the
Dallas North Tollway. (MD)
Motioned by Councilmember Turley, seconded by Councilmember Miller to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:58 p.m.
There were no comments by the public.
Motioned by Councilmember Vestal, seconded by Councilmember Turley to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:59 p.m.
12. A public hearing to consider and act upon an amendment to the Zoning Ordinance regarding the
Town's Non-residential Design and Development Standards (Chapter 4, Section 8 of the Zoning
Ordinance). (Z07-19). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 7:04 p.m.
Marcus Ruark, 2591 Westview, supported the amendment to the zoning ordinance.
Doug Mousel, 5400 Dallas Pkwy, spoke in favor of amending the zoning ordinance with the changes recommended
by the Development Council.
George Dupont, 1400 Harvest Ridge, spoke in favor of the amendment to the zoning ordinance.
Jason Dixon, 1050 High Willow, spoke in favor of the amendment to the zoning ordinance.
Mark Demattia, 1720 Winding Creek, spoke in favor of the amendment to the zoning ordinance.
Motioned by Councilmember Turley, seconded by Councilmember Wilson to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:19 p.m.
Council discussed the advantages and disadvantages to changing the zoning ordinance.
Motioned by Councilmember Turley, seconded by Mayor Pro -Tem Smith to table the item until the November 11,
2008 Town Council Meeting.
Motion approved 7-0.
13. A public hearing to consider and act upon a request to rezone 186.9± acres, located on the north side
of U.S. 380, 800± feet east of Dallas Parkway, from Industrial (I) to Planned Development —
Commercial/Commercial Corridor (PD-C/CC). (Z08-15). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Page 3 of 7
Motioned by Councilmember Turley, seconded by Councilmember Vestal to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 7:58 p.m.
Matt Robinson, owner representative, answered questions for council.
Motioned by Councilmember Turley, seconded by Councilmember Miller to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 8:01 p.m.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approve item 13 subject to
staff comments.
Motion approved 7-0.
14. A public hearing to consider and act upon a request to rezone 125.0± acres, located on the north side
of U.S. 380, 3,600± feet west of Dallas Parkway, from Agricultural (A) to Planned Development —
Commercial/Commercial Corridor (PD-C/CC). (Z08-16). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Turley to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 8:05 p.m.
Matt Robinson, owner representative, answered questions for council.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Wilson to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 8:06 p.m.
Motioned by Councilmember Miller, seconded by Deputy Mayor Pro -Tem Dugger to approve the requested zoning
as Planned Development-Commercial/Commercial Corridor as submitted.
Motion approved 7-0.
15. A public hearing to consider the creation of a Tax Increment Reinvestment Zone Number
One("TIRZ") for the Gates of Prosper, Blue Star Project. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 8:08 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 8:09 p.m.
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16. A public hearing to consider and act upon an ordinance approving the TMRS plan revisions allowing
for twenty (20) year, any age retirement as budgeted. (MG)
Matthew Garrett, Finance Director, 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 8:10 p.m.
There were no comments by the public.
Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Smith to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 8:11 p.m.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approve item 16 subject to
staff comments.
Motion approved 7-0.
17. A public hearing to consider and act upon an ordinance approving the TMRS plan revisions allowing
for transfer updated service credit as budgeted. (MG)
Matthew Garrett, Finance Director, 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 8:12 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 7-0.
Mayor Niswanger closed the public hearing at 8:13 p.m.
Motioned by Councilmember Turley, seconded by Councilmember Miller to approve item 17 subject to staff
recommendations.
Motion approved 7-0.
DEPARTMENT ITEMS
18. Presentation and discussion of the 57 acre community park master plan. (WH)
Joe Tremblay,PBK, gave council a presentation regarding the community park master plan.
Wade Harden, Senior Planner answered questions for council.
19. A resolution directing publication of notice of intent to issue Town of Prosper Combination Tax and
Revenue Certificates of Obligation. (MG)
Mike Land, Town Manager, gave council background information on this item and recommended tabling.
Page 5 of 7
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to table the item until the
October 28, 2008 Town Council meeting.
Motion approved 7-0.
20. Consider and act upon a resolution authorizing the Town Manager to amend the lease agreement for
110 W. Broadway Street. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to authorize the Town Manager
to negotiate and sign an amended lease with Sarah Templin for the space located at 110 W. Broadway.
Motion approved 7-0.
21. Consider and act upon an ordinance authorizing the Cities Aggregation Power Project ("CAPP") to
act on behalf of the Town, entering into a contract for electricity from January 1, 2009 to December
31, 2013. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
Motioned by Councilmember Vestal, seconded by Councilmember Wilson to approve the ordinance authorizing the
Cities Aggregation Power Project ("CAPP") to act on behalf of the Town, entering into a contract for electricity
from J 1 2000, to Tlo o.,,l,or 2 1 7(11 Q
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Motion approved 7-0.
EXECUTIVE SESSION
7. 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 location.
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 Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to recess into closed session.
Motion approved 7-0.
Council recessed into closed session at 8:43 p.m.
8. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Ray Smith to reconvene into regular
session.
Motion approved 7-0.
Council reconvened into regular session at 10:00 p.m.
22. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Councilmember Vestal requested an ordinance regarding the use of cell phones in school zones be brought to
council.
Councilmember Turley requested an ordinance regarding the expiration of building permits be brought to council.
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23. Adjourn.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to adjourn.
Motion approved 7-0.
The meeting was adjourned at 10:01 p.m.
Attest:
C arles Niswanger, Mayor
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