04.08.2008 Town Council MinutesMINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, April 8, 2008 at 6:00 p.m.
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.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Deputy Mayor Pro-Tem
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; Ronnie Tucker, Fire Chief; and Matthew Denton, Town
Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was give by Past John Fowler, First Presbyterian Church of Prosper.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
There were no announcements of upcoming events.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• March 25, 2008 —Regular Town Council Meeting
• April 1, 2008 — Joint Town Council / Planning and Zoning Commission 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)
Motioned by Councilmember Smith, seconded by Councilmember Dugger to approved the Consent Agenda, Items
4a and 4b.
Motion approved 7-0.
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CITIZEN'S COMMENTS
5. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 1.0± acre, located on the southeast
corner of Coleman Street and Seventh Street (104 East Seventh Street), from Single Family-15
(SF-15) to Commercial (C). (Z08-3). (CC)
Chris Copple, Senior Planner, informed the council that the applicant has formally withdrawn this application for
rezoning.
7. A public hearing to consider and act upon a request to rezone 24.3f acres, located on the south side
of Frontier Parkway (Bus. 289), 1,300f feet west of Preston Road, from Single Family-15 (SF-
15) to Office (0). (Z08-2). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Councilmember Dugger, seconded by Councilmember Drown to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:14 p.m.
Brad Camp, property owner, answered questions for council.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to close the public hearing.
Motion approved 7-0.
Motioned by Councilmember Drown, seconded by Councilmember Dugger to approve the request to rezone 24.3
acres, located on the south side of Frontier Parkway, 1300 feet west of Preston Road, from Single Family-15 to
Office.
Motion approved 6-1 with Turley voting no'.
10. Presentation on the Dallas North Tollway Extension Phase 4A from U.S. 380 to FM 428.
Staff requested item 10 be moved to this portion of the agenda.
Tom Diamond, NTTA, gave council a presentation on Phase 4A of the North Texas Tollway Extension.
Mayor Niswanger called for a break at 6:44 p.m. to let people look at the exhibits provided as part of the Tollway
presentation.
Mayor Niswanger called the meeting back to order at 6:56 p.m.
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9. A public hearing to consider and act upon a resolution authorizing the Town Manager to enter into a
Letter of Agreement with Arthur and Karie Dalton for the Subdivision of three lots located in the
southwest quadrant of the intersection of Prosper Trail and Robinson Creek. (ML)
Mayor Niswanger moved this item up in the agenda.
Mike Land, Town Manager, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:57 p.m.
Councilmember Dugger left the meeting at 7:00 p.m.
Arthur and Karie Dalton discussed this item with the council. Karie Dalton read the following information into the
record:
1) Tax revenues from improved lots will bring tens of thousands more dollars to the Town versus unimproved
lots (possibly staying in ag exemption for awhile).
2) Dalton's to provide the Town with an easement to correct the sewer issue. Mike, we respect your opinion,
however, we would have to disagree — you identify the sewer issue as an "oversight", and we call it a
"mistake" (one that we are having to pay for). The sewer line should have been in place under the street
years ago and now we are having to provide an easement to correct this problem. The Town has paid for
easements in the past, so if we waive payment requirement from the Town for this easement, wouldn't you
consider this valuable to the Town — in other words, wouldn't this be a "form of consideration"?
Motioned by Deputy Mayor Pro -Tern Turley, seconded by Councilmember Smith to close the public hearing.
Motion approved 6-0.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to deny the approval of a letter of
agreement relating to transportation impact fees, the park improvement fees, and the park dedication fee
requirements for the two new lots potentially being created.
Motion approved 6-0.
DEPARTMENT ITEMS
11. Consider and act upon interlocal agreement between the City of Euless and the Town of Prosper for
the purchase of SCBA's for the Fire Department. (RT)
Ronnie Tucker, Fire Chief, gave council background information on this item.
Motioned by Mayor Pro -Tern Bristol, seconded by Deputy Mayor Pro-Tem Turley to approve an Interlocal
agreement between the City of Ueless and the Town of Prosper for the purchase of SCBA's for the Fire Department
and authorize the Town Manager to sign the agreement.
Motion approved 6-0.
12. Consider and act upon purchase of 16 Self Contained Breathing Apparatus (SCBA) From Municipal
Emergency Services Inc. (RT)
Ronnie Tucker, Fire Chief, gave council background information on this item.
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Motioned by Mayor Pro-Tem Bristol, seconded by Deputy Mayor Pro-Tem Turley to approve the purchase of 16
Self Contained Breathing Apparatus form Municipal Emergency Services, Inc.
Motion approved 6-0.
8. 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 Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tem Turley to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 7:22 p.m.
Councilmember Dugger returned to the meeting at 7:26 p.m.
Doug Mousel, representing the Prosper Developer's Council, spoke against the proposed changes to the zoning
ordinance.
Mark DeMattia, representing the P&Z, answered questions for council.
Sam Johnson, representing the P&Z, answered questions for council.
George Dupont, representing the P&Z, answered questions for council.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Smith to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:44 p.m.
Council discussed the proposed zoning changes and the possible effects on development within the Town.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to table the item and instruct staff to
bring the item back at the April 22, 2008 Town Council meeting with a timeline, budget, financial considerations
for a third party market study.
Motion approved 7-0.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
14. Adjourn.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to adjourn.
Motion approved 7-0.
The meeting was adjourned at 8:14 p.m.®� OF PPO ®®®
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Attest: E;,
Matthew D. Denton, TRMC ®®®® ®®®®°°°®°.° ®� arles M wanger, Mayor
Town Secretary ®®®®/�e�� ; p !!�®®®
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