02.12.2008 Town Council MinutesMINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, February 12, 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, and Ray Smith.
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Kirk
McFarlin, Police Chief; Frank Jaromin, Public Works Director; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor Marc Rylander, Pestonwood North Baptist Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger announced the Prosper United Methodist Church would be hosting a U.S. Armed Forces
Chaplain on Sunday, February 17, 2008 at 7:00.
Matt Denton, Town Secretary, announced filing for the May 10, 2008 General Election was currently under way
and would continue until March 1 Otn at 5:00 p.m.
PRESENTATIONS
4. Presentation by Collin County Commissioner Joe Jaynes regarding a $390,000 grant for Folsom
Park.
Council Commissioner Joe Jaynes presented the Town with a grant check for $390,000 for Folsom Park,
CONSENT AGENDA
5. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• January 22, 2008 — Regular Town Council Meeting
• January 29, 2008 —Joint Planning and Zoning Commission / Town Council Meeting
• February 5, 2008 —Special Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. An update on the Town's sports fields and/or the construction of future sports fields. (WH)
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C. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between MF VII
Prosper 41, LP, and Western Rim Investors 2007-4, L.P., and 2) approve a resolution authorizing
the Town Manager to execute the same. (CC)
d. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between Mooreland
Fund HI 380 Comm Office, LP, and Virginia Ridge Properties, LTD., and 2) approve a
resolution authorizing the Town Manager to execute the same. (CC)
e. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between Mooreland
Fund III 380 Comm Office, LP, and Pineview Woods, L.P., and 2) approve a resolution
authorizing the Town Manager to execute the same. (CC)
f. Consider and act upon 1) a Partial Assignment and Assumption of Agreement between Mooreland
Fund III 380 Comm Office, LP, and Prosper Ventures Partners, and 2) approve a resolution
authorizing the Town Manager to execute the same. (CC)
g. Consider and act upon an ordinance rezoning 285.5f acres, located on the north and south side of
First Street, 2,650t feet east of Coit Road, from Agricultural (A) to Planned Development -Single
Family (PD- SF). (Z07-18). (CC)
h. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in the
Spencer Graham Survey, Abstract No. 359, Collin County, Texas, containing approximately 10.0141
acres of land, and being more generally located 3700+ feet east of Coit and 1840+ feet north of E.
First Street. (MD)
i. Consider and act upon a resolution ordering a General Election to be held jointly with the Prosper
Independent School District and the Collin County Community College District, and administered by
the Collin County Elections Administration on May 10, 2008, for the purpose of electing three (3)
members, Place 3, Place 4, and Place 5, to the Town of Prosper Town Council to rill expired terms.
(MD)
j. Presentation of the 2007 Racial Profiling Report for the Prosper Police Department. (KM)
k. Consider and act upon 1) an Addendum of Town Approval for the Partial Assignment and
Assumption of Agreement between Frisco Tollway Partners, Ltd., and Hunter 380 Prosper, LP, and
2) approve a resolution authorizing the Town Manager to execute the same. (CC)
1. Consider and act upon 1) an Addendum of Town Approval for the Partial Assignment and
Assumption of Agreement between Prosper Hillcrest 60, Ltd., and Hunter 380 Prosper, LP, and 2)
approve a resolution authorizing the Town Manager to execute the same. (CC)
Motioned by Councilmember Drown, seconded by Councilmember Dugger to approved the consent agenda.
Motion approved 6-0.
CITIZEN'S COMMENTS
6. Other Comments by the Public.
There were no comments by the public.
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REGULAR AGENDA
PUBLIC HEARINGS
7. Presentation of Service Plan
approximately 2106.592 acres
Fields Road. (MD)
and First Public hearing to consider the voluntary annexation of
of land being more generally located north of Hwy 380 and west of
Motioned by Councilmember Smith, seconded by Councilmember Dugger to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:15 p.m.
There were no public comments.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:16 p.m.
8. Presentation of Service Plan and First 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 Councilmember Dugger, seconded by Councilmember Smith to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:17 p.m.
There were no public comments.
Motioned by Councilmember Drown, seconded by Deputy Mayor Pro-Tem Turley to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:18 p.m.
DEPARTMENT ITEMS
9. Consider and act upon 1) an award of bid to Quality Excavation 2) enter into a contract agreement
with Quality Excavation regarding the construction services for the Prosper Trail Culvert
Extension and Channel Improvements Project and 3) approve a resolution authorizing the Town
Manager to execute the same. (HW)
Hulon Webb, Development Services Director, gave council background information on this item.
Motioned by Councilmember Smith, seconded by Councilmember Dugger to approve the bid to Quality Excavation
in the amount of $240,803.80 and approve a resolution authorizing the Town Manager to execute the contract.
Motion approved 6-0.
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10. 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)
Arthur and Karie Dalton address council regarding dividing their lot into three lots and asking for a waiver for some
of the fees associated with developing the property.
Motioned by Deputy Mayor Pro-Tem Turley, seconded by Councilmember Dugger to table the item until a meeting
where the Town's attorney could be present to discuss the legal ramifications of the issue.
Motion approved 6-0.
11. Discuss and give direction on the Meadow Green Street Improvements Project. (ML)
Mike Land, Town Manager, gave council background information on this item.
Frank Jaromin, Public Works Director, answered questions for council.
Steve Meyer, 106 Meadow Green, addressed the council regarding the paving project in Collin Green.
Council directed staff to move forward with prioritizing process for 2008 and put Meadow Green as the first street
to be reconstructed.
12. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
13. Adjourn.
Motioned by Councilmember Smith, seconded by Councilmember Dugger to adjourn.
Motion approved 6-0.
The meeting was adjourned at 7:10 p.m.
Attest:
Charles Niswanger, Mayor
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