11.11.2008 Town Council MinutesTOWN OF
PR SPER
1. Call to Order / Roll Call.
The meeting was called to order at 6:08 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, November 11, 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; Wade Harden, Senior Planner; Hulon Webb, Director of
Development Services; Chris Copple, Senior Planner; Kirk McFarlin, Police Chief; Matthew Garrett, Finance
Director; Wayne Snell, Building Official; David Ledwitz, Code Enforcement Officer; and Matthew Denton, Town
Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Councilmember David Vestal.
Mayor Niswanger led the Pledge of Allegiance.
Mayor Niswanger asked for a moment of silence to remember the Veterans and those currently serving in our
armed forces.
3. Announcements of dates and times of upcoming community events.
Councilmember Vestal thanked everyone who helped with the Family Fun Fest.
Councilmember Turley announced that the Prosper Country Christmas would be on December 13"'.
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 location.
b. Section 551.087 to deliberate regarding economic development negotiations regarding the
Prosper West project and Rodman.
Motioned by Councilmember Turley, seconded by Councilmember Wilson to recess into closed session.
Motion approved 7-0.
The council recessed into closed session at 6:14 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 Vestal to reconvene into regular session.
Motion approved 7-0.
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Council reconvened into regular session at 6:49 p.m.
CONSENT AGENDA
6. Consent Agenda
MINU'T'ES
a. Consider and act upon minutes from the following Council meetings. (MD)
October 28, 2008 — Special Town Council Meeting
ORDINANCES. RESOLUTIONS. AND AGREEMENTS
b. Calling two public hearings for December 23, 2008 and January 6, 2009 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
Dallas North Parkway, a 80.031 acre tract of land located north of West First Street and east 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 411.(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. (CC)
d. Consider and act upon 1) approval of an Engineering Design Services Agreement with Spiars
Engineering, Inc., regarding the design of Wastewater Improvements (Force Main & Gravity Line)
along First Street and Coit Road and 2) adopt a resolution authorizing the Town Manager to execute
the same. (HW)
e. Consider and act upon 1) an Interlocal Cooperative Agreement between Denton County, Texas and
the Town of Prosper, Texas for the purpose of the replacement or rehabilitation of the Good Hope
Road Bridge at Doe Branch Tributary and 2) adopt a resolution authorizing the Town Manager to
execute the same. (HW)
f. Consider and act on a resolution designating the Town Manager as the project official/representative
to act on behalf of Town in dealing with Texas Parks and Wildlife Department (TPWD) for the
purpose of participating in the TPWD Outdoor Recreation Grant. (WH)
g. Consider and act upon 1) an Inter -local Agreement with the Prosper Independent School District,
regarding a user agreement for the Rogers Middle School's tennis courts and reimbursement for
court lighting. (WH)
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h. Consider and act upon 1) enter into a contract agreement with Linda Tycher & Associates, Inc. for
the design and construction plans for Boyer Memorial Park improvements and 2) approve a
resolution authorizing the Town Manager to execute the same. (WH)
L Consider and act upon 1) enter into a contract agreement with Jacobs Engineering Group, Inc. for
the design and construction plans for the 57 Acre Community Park and 2) approve a resolution
authorizing the Town Manager to execute the same. (WH)
j. Consider and act upon an Interlocal Cooperation Agreement for Ambulance and Fire Protection
Service in Denton County. (RT)
k. Consider and act upon a resolution approving the Fire Department Business Plan. (RT)
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to approve the consent agenda.
Motion approved 7-0.
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 a request from IESI to increase solid waste rates by 4.5% effective
December 1, 2008. (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 6:52 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 7-0.
DEPARTMENT ITEMS
9. Consider and act upon approving the Water and Wastewater Business Plan, dated October
31, 2008, and approve a resolution authorizing the Town Manager to execute the same. (FJ)
Council received a presentation by Chris Ekrut, with J. Stowe and Company.
Motioned by Deputy Mayor Pro -Tem Dugger, second by Councilmember Turley to approve the Water and
Wastewater Business Plan, dated October 31, 2008, and approve a resolution authorizing the Town
Manager to execute the same.
Motion approved 7-0.
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10. Consider and act upon an ordinance prohibiting the use of cellular phones in school zones. (KM)
Kirk McFarlin, Police Chief, gave council background information on this item.
Council discussed various options for safety in school zones.
Motioned by Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to table the time.
Motion approved 7-0.
11. 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 Councilmember Miller, seconded by Councilmember Turley to approve the amendment to
Chapter 4, Section 8 of the Zoning Ordinance as recommend by the Planning and Zoning Commission
with the following exceptions:
• Remove the portion of 8.2(N) and 8.8(I) that prohibits all shades of gray mortar
• Remove section 8.4, the pad site requirements
• Remove sections 8.5(A) and 8.9(A), which requires parking aisles to be designed as
perpendicular to the front of the primary building in the development.
Motion approved 7-0.
12. Discussion regarding adding specific language into the permitting and code enforcement
requirements to ensure timely completion of development projects within the Town limits. (WS)
Wayne Snell, Building Official gave council background information on this item.
David Ledwitz, Code Enforcement Officer, answered questions for council.
Due to advice from the Town's Attorney, staff recommended to council that no language be added to permitting or
code enforcement requirements ensuring a timely completion on development projects.
13. Discuss and update Town Council on the Prosper Trail Widening Project (Dallas North Tollway to
Preston). (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Bruce Carlin, 921 Grapevine Ct., addressed council regarding the screening that will be done along Prosper Trail.
Sara Fitzhugh, 920 Grapevine Ct., addressed council regarding the screening that will be done along Prosper Trail.
Chris Blair, 841 Sibyl Ln., addressed council regarding the screening that will be done along Prosper Trail.
Dave Davenport, 701 Table Rock, addressed council regarding the screening that will be done along Prosper Trail.
Council directed staff to look at several screening options to protect property and be aesthetically pleasing.
14. Consider and act upon a resolution authorizing the Town Manger to execute a letter of agreement to
complete a water and wastewater cost of service and rate design study, between J. Stowe & Company
and the Town of Prosper. (MG)
Matthew Garrett, Finance Director, gave council background information on this item.
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Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Smith to approve the resolution authorizing the
Town Manger to execute a letter of agreement to complete a water and wastewater cost of service and rate design
study, between J. Stowe & Company and the Town of Prosper.
Motion approved 7-0.
15. Discuss and give direction on leaving, cancelling, or rescheduling the November 25, 2008 Town
Council meeting. (MD)
Due to a scheduled public hearing, Town Council will have to hold the November 25, 2008 Town Council Meeting.
16. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
17. Adjourn.
Motioned Mayor Pro -Tem Smith, seconded by Deputy Mayor -Pro Tem Dugger to adjourn.
Motion approved 7-0.
The meeting was adjourned at 8:39 p.m.
Attest:
M tthew D. Denton, TRMC
Town Secretary
4harles-Nis v nger, Mayor!%
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