05.27.2008 Town Council MinutesMINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, May 27, 2008 at 6:00 p.m.
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.
Council present included: Mayor Charles Niswanger, Dave Turley, Kenneth Dugger, David Vestal, Meigs Miller,
Danny Wilson, and Ray Smith.
Staff present included: Mike Land, Town Manager; Matthew Garrett, Finance Director; Hulon Webb, Director of
Development Services; Chris Copple, Senior Planner; Ronnie Tucker, Fire Chief; Kirk McFarlin, Police Chief, 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.
3. Announcements of dates and times of upcoming community events.
4. Administer Oath and Issuance of Certificate of Election to Elected Councilmember. (MD)
Matthew Denton, Town Secretary, administered the Oath of Office to Danny Wilson.
Mayor Niswanger signed the Certificate of Election.
5. Presentation of appreciation for outgoing councilmembers and incoming councilmembers.
Mayor Niswanger made a presentation of appreciation to outgoing councilmembers Kevin Drown, David Bristol
and Mike Wadsworth.
CONSENT AGENDA
6. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
May 13, 2008 — Regular Town Council Meeting
May 19, 2008 Special Town Council Meeting
ORDINANCES RESOLUTIONS AND AGREEMENTS
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)
Page 1 of 5
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)
FINANCIALS
d. Consider and act upon the financial statements ending April 30, 2008. (MG)
Councilmember Dugger requested item 4b be pulled from the consent agenda.
Motioned by Councilmember Dugger, seconded by Councilmember Smith to approve the consent agenda items 6a,
6c and 6d subject to staff recommendations.
Motion approved 7-0.
b. An update on the Town's construction of the Folsom Park Improvements. (WH)
Councilmember Dugger had a few questions for staff regarding parking and restrooms after the park was improved.
Motioned by Councilmember Smith, seconded by Councilmember Dugger to approve item 6b.
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 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 the thoroughfare screening requirements. (Z08-6) (WH)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Vestal to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:41 p.m.
Mark Webb, Webb Consulting Group, answered questions for council.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:49 p.m.
Motioned by Councilmember Dugger, seconded by Deputy Mayor. Pro-Tem Turley to approved the request to
rezone 80.3± acres, located on the northeast corner of Prosper Trail and Coleman Street, to amend Planned
Development-24 (Ariana Estates) regarding the thoroughfare screening requirements.
Motion approved 7-0.
Page 2 of 5
DEPARTMENT ITEMS
9. Consider and act upon the appointment of a Mayor Pro-Tem and Deputy Mayor Pro-Tem. (MD)
Deputy Mayor Pro-Tem Turley nominated Councilmember Smith for Mayor Pro-Tem.
Nomination approved 7-0.
Mayor Pro-Tem Smith nominated Councilmember Dugger for Deputy Mayor Pro-Tem.
Nomination approved 7-0.
10. Consider and act upon drawing lots between Place 3, Place 4, and Place 5 to determine which Place
shall receive a two year term and which Places will receive three year terms. (MD)
Matthew Denton, Town Secretary, had the three councilmembers draw from a cup to determine the lengths of their
terms. The results were:
Place 3, Meigs Miller — 2 year term
Place 4, David Vestal — 3 year term
Place 5, Danny Wilson — 3 year term
11. 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 from the Texas Department of Transportation's roadway network and 2) adopt a
resolution authorizing the Town Manager to execute the same. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Paul Heidaker, Property Acquisition Services, Inc. answered questions for council.
Motioned by Mayor ProJem Smith, seconded by Deputy Mayor Pro-Tem Dugger to approve item 11.
Motion approved 7-0.
12. 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. (WH)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Miller to designate the Town Manager
as the project official/representative to act on behalf of the Town in dealing with Collin County for the purpose of
participation in the Collin County Parks and Open Space Assistance Program and authorize the submittal of a grant
application for program assistance.
Motion approved 7-0.
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 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)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to designate the Town
Manager as the project official/representative to act on behalf of the Town in dealing with the Texas Parks and
Page 3 of 5
Wildlife Department for the purpose of participating in the TPWD Outdoor Recreation Grand and authorize the
submittal of a grant application for the program assistance.
i
14. 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)
Mile Land, Town Manager, gave council background information on this item.
Motioned by Mayor Pro-Tem Smith, seconded by Councilmember Turley to approve item 14.
Motion approved 7-0.
15. Consider and act upon 1) an Interlocal Agreement with the Prosper Independent School District,
regarding the master plan development of the 57 acre Community Park. (WH)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tem Dugger, seconded by Councilmember Wilson to enter into the agreemeitn
with Prosper Independent School District and approve a resolution authorizing the Town Manager to execute the
document for the 57 acre park.
Motion approved 5-0.
PUBLIC HEARING
16. A public hearing to consider and act upon franchise fee increases on Atmos Energy Corporation Gas
franchises. (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 7:41 p.m.
Jeff Burandt spoke in opposition to the franchise fee increase.
Motioned by Mayor Pro-Tem Smith, seconded by Deputy Mayor Pro-Tem Dugger to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:44 p.m.
Motioned by Mayor Pro-Tem Smith, seconded by Deputy Mayor Pro -Tern Dugger to approve the rate increase for
Atmos Energy Corporation.
Motion approved 5-2 with Mayor Niswanger and Councilmember Miller voting "no".
17. Town Manager's Comments.
Mike Land, Town Manager, informed the council that the Development Services Department would no longer be
closing during lunch time and would be open from 8 a.m. to 5 p.m.
Mike Land also informed the council there will be a joint meeting with PISD on June 9th
Page 4 of 5
18. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Mayor Pro-Tem Smith asked that council look at the Code of Ethics again regarding the endorsement issue and also
look at ways to inform citizens where the future water towers will be built.
19. Adjourn.
Motioned by Deputy Mayor Pro -Tern Dugger, seconded by Mayor Pro -Tern Smith to adjourn.
Motion approved 7-0.
The meeting was adjourned at 8:07 p.m.
Attest:
Charles Niswanger, yor
Page 5 of 5