05.13.2008 Town Council MinutesMINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, May 13, 2008 at 6:00 p.m.
1. Call to Order / Roll Call.
The meeting was called to order at 6:05 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro -Tern David Bristol, Deputy Mayor Pro -Tern Dave
Turley, Kenneth Dugger, Kevin Drown, Mike Wadsworth, and Ray Smith.
Staff present included: Mike Land, Town Manager; Matthew Garrett, Finance Director; Hulon Webb, Director of
Development Services; Chris Copple, Senior Planner; Wade Harden, Senior Planner; and Matthew Denton, Town
Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor Phil Hamblin, Rhea's Mill Baptist Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
4. Consider and act upon an ordinance to receive and accept as true and correct the Canvassed voting
results for the General Election held on May 10, 2008 as presented by the Town Secretary and hereby
declare the results of the election be set forth in an ordinance and that said ordinance should be
adopted. (MD)
Matthew Denton, Town Secretary, requested council table this item until the May 19, 2008 Special Town Council
meeting. Denton informed the council that there were still 8 provisional ballots and 3 overseas ballots that have not been
accounted for yet and would be dealt with by the Early Voting Ballot Board on Friday, May 16, 2008.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to table item 4 until the May 19, 2008
Special Town Council meeting.
Motion approved 7-0.
5. Administer Oath and Issuance of Certificate of Election to Elected Councilmembers. (MD)
No action taken.
PRESENTATIONS
6. Presentation of appreciation to outgoing Councilmembers.
No action taken.
Presentation of a proclamation for Click it or Ticket.
Mayor Niswanger read a proclamation for Click it or Ticket.
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CONSENT AGENDA
8. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• April 22, 2008 —Regular 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) 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 rezoning 0.8f acre (101 East Broadway), located on the
northeast corner of Broadway Street and Coleman Street, from Single Family-15 (SF-15) to Downtown
Office (DTO). (Z08-5) (CC)
d. Consider and act upon an ordinance rezoning 127.8t acres, located on the south side of Prosper Trail,
400f feet east of Dallas Parkway, to amend Planned Development-33 (Prestonwood Baptist Church)
regarding the landscape requirements. (Z08-4) (WH)
e. Consider and act upon a Mutual Aid contract with Collin County for fire services. (RT)
ANNEXATION PETITIONS
f. Consider and act to accept a petition presented by N.W. 380 & 423 L.P. to set dates for two public hearings
and call for a service plan for the voluntary annexation of approximately 101.572 acres of land generally
located north of Hwy 380 and west of Gee Road. (MD)
Motioned by Councilmember Smith, seconded by Councilmember Drown to approve the consent agenda items a through
f. Motion approved 7-0.
CITIZEN'S COMMENTS
9. Other Comments by the Public.
Lloyd Mills, 490 Cloud View Court, gave a short presentation on the Town creating an ordinance requiring public
disclosure for organizations using city resources.
Scott Scher, 981 Woodview, addressed the council regarding the May 10, 2008 General Election.
Danny Wilson, 671 Willow View, addressed the council regarding statements made by Scott Scher.
REGULAR AGENDA
PUBLIC HEARINGS
10. A public hearing to consider and act upon a request to rezone 80.3f acres, located on the northeast corner
of Prosper Trail and Coleman Street, to amend Planned Development-24 (Ariana Estates) regarding thei
thoroughfare screening requirements. (Z08-6) (WH),,---�
Wade Harden, Senior Planner, gave council background information on this item.
Page 2 of 3
Motioned by Councilmember Dugger, seconded by Deputy Mayor Pro-Tem Turley to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:32 p.m.
Mark Webb, Webb Consulting, answered questions for the Council.
Motioned by Councilmember Wadsworth, seconded by Councilmember Dugger to continue the public hearing until the
May 27, 2008 Town Council meeting.
Motion approved 6-1 with Mayor Pro-Tem Bristol voting "no".
DEPARTMENT ITEMS
Motioned by Wadsworth, seconded by Councilmember Drown to table items 11 through 16 until the May 27, 2008 Town
Council meeting.
Motion approved 6-1 with the Mayor abstaining.
11. Consider a Resolution authorizing the Town Manager to engage Freese & Nichols to perform an
analysis of the Town of Prosper's non-residential development standards. (ML)
12. Consider and act upon 1) approval of a Right of Way Services Agreement with Property Acquisition
Services, Inc., regarding the removal of Business SH 289 (US 380 to SH 289) and FM 1193 (Business
SH 289 to SH 289) from the Texas Department of Transportation's roadway network and 2) adopt a
resolution authorizing the Town Manager to execute the same. (HW)
13. Consider and act on a resolution designating the Town Manager as the project official/representative
to act on behalf of Town in dealing with Collin County for the purpose of participating in the Collin
County Parks and Open Space Assistance Program; and authorizing the submittal of a grant
application for program assistance. (WII)
14. 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; and authorizing the submittal of a grant
application for program assistance. (WH)
15. Discuss and give direction to HOK for the Gateway Enhancement Project. (ML)
16. Town Manager's Comments.
17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
18. Adjourn.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Smith to adjourn.
Motion approved 7-0.
The meeting was adjourned at 6:42 p.m. N QF PRQe
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4h�e6wD. Denton, TRMC e® ®..... � `e C arles Niswanger, Mayor
Town Secretary ��