02.26.2008 Town Council MinutesRegular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, February 26, 2008 at 6:00 p.m.
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.
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; Hulon Webb, Director of Development Services; Kirk
McFarlin, Police Chief; Ronnie Tucker, Fire Chief, Bryan Ausenbaugh, Fire Marshall; Wayne Snell, Building
Official; Ron Butler, Business Manager; 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.
Hulon Webb, Director of Development Services, announced Bryan Ausenbaugh had become the Fire Marshall and
that Wayne Snell had been promoted to Building Official.
Mayor Pro-Tem Bristol announced the Federal Primary Election would be held on March 4`" at the Prosper High
School Library.
Matt Denton, Town Secretary, announced that applications for places on the May 10, 2008 General Election are
being accepted until March 10, 2008.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
December 8, 2008 — Regular 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)
and 1.6(11)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan. (CC)
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d. Consider and act upon a Joint Election Agreement and Contract for Election Services between the
Town of Prosper and the Prosper Independent School District to be administered by the Collin
County Elections Administration for the May 10, 2008 General Election. (MD)
f. Consider and act upon a resolution for the Town of Prosper to accept the Town's 2006-2007 fiscal
year financial audit as presented by Pingleton, Howard & Company, P.C., Certified Public
Accountants on January 22, 2008. (RB)
g. Consider and act upon an ordinance approving a settlement agreement between the Atmos Cities
Steering Committee and Atmos Energy Corp regarding the company's statement of intent to change
gas rates. (ML)
Motioned by Councilmember Smith, seconded by Mayor Pro-Tem Bristol to approve consent agenda items a, c, d,
f, and g. Motion approved 7-0.
b. An update on the Town's sports fields and/or the construction of future sports fields. (WH)
Mayor Pro-Tem Bristol requested this item be pulled from the consent agenda. He requested this item be placed on
the regular agenda at the next meeting and that the Town's sports associations be invited for their input on the field
issues.
e. Consider and act upon a resolution adopting an Investment Policy for the Town and the Prosper
Economic Development Corporation. (RB)
Mayor Pro-Tem Bristol requested this item be pulled from. the consent agenda. He had a few questions for staff
regarding the Investment Policy.
FINANCIALS
h. Consider and act upon the financial statements ending January 31, 2008. (RB)
Councilmember Dugger requested this item be pulled from the consent agenda. He had a few questions for staff
regarding the financial statements.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to approve consent items b, e, and h
subject to staff recommendations.
Motion approved 7-0.
CITIZEN'S COMMENTS
5. Other Comments by the Public.
There were no comments by the public
REGULAR AGENDA
PUBLIC HEARINGS
6. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of
approximately 2106.592 acres of land being more generally located north of Hwy 380 and west of
Fields Road. (MD)
Motioned by councilmember Dugger, seconded by Councilmember to open the public hearing.
Motion approved 7-0.
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Mayor Niswanger opened the public hearing at 6:31 p.m.
There were no comments by the public.
Motioned by Councilmember Dugger, seconded by Councilmember Drown to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:32 p.m.
7. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of
approximately 27.149 acres of land being more generally located east of Good Hope Road and
1600'+ north of Hwy 380. (MD
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Wadsworth to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:32 p.m.
There were no comments by the public.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:33 p.m.
DEPARTMENT ITEMS
8. Recognition of Daren Queen of Kings Hollow Custom Homes as the recipient of the Building
Inspection's 2007 Builder of the Year Award and of Dale Schneider of Ryan Hartman Custom
Homes as First Runner -Up and Scott Rackers previously of Highland Homes as Second Runner -
Up of the Award. (BA)
Wayne Snell, Building Official, made presentations for the Builder of the Year awards.
9. 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)
Mike Land, Town Manager, gave council background information on this item. He request the council table the
item until he could speak with the Town Attorney.
Motioned by Councilmember Dugger, seconded by Deputy Mayor Pro-Tem Turley to table the item.
Motion approved 7-0.
10. Consider and act upon an ordinance adopting a Code of Ethics as required by the Town Charter.
(ML)
Matt Denton, Town Secretary, gave council background information on this item.
Council discussed sections of the proposed Code of Ethics and requested changes.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to table the item.
Motion approved 7-0.
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11. Consider and act upon a resolution to become a Public Safety Answering Point for 9-1-1 calls
originating within the Town of Prosper. (KM)
Kirk McFarlin, Police Chief, gave council background information on this item.
Motioned by Mayor Niswanger, seconded by Councilmember Drown to approve the resolution.
Motion approved 7-0.
EXECUTIVE SESSION
12. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit;
a. Section 551.087 to deliberate on economic development negotiations regarding the Gates of
Prosper project.
b. Section 551.087 to discuss economic development negotiations for the Custer Retail Project.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to recess into closed session.
Motion approved 7-0.
Council recessed into closed session at 7:01 p.m.
13. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to reconvene into regular
session. Motion approved 7-0.
Council reconvened into open session at 8:03 p.m.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tem Turley to approve the fisrt
amendment to the Chapter 380 Economic Development Program Agreement to facilitate the development of the
Custer Retail Project located at the corner of US 380 and Custer road with one modification: in Paragraph 6
Section 3.03(d), $1,425,000.00 will be replaced with $1,300,000.00.
Motion approved 7-0.
14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Councilmember Wadsworth requested items regarding the Development Council's recommendations and the Teen
Curfew Ordinance be placed on a future agenda.
Mike Land, Town Manager, told council that pictures would be taken at the second meeting in March. Also, there
would be a joint meeting with the PISD Board on March 10, 2008. Land also request input from the council on the
possibility of a joint meeting with the P&Z regarding new development proposals.
15. Adjourn.
Motioned by Councilmember Smith, seconded by Councilmember Dugger to adjourn.
Motion approved 7-0.
The meeting was adjourned at 8:13 p.m.
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Attest:
Denton,Matthew D.
Town Secretary
Cxfiaries iswanger, Idayor
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