01.22.2008 Town Council MinutesITOWN OF
SPER-
1. Call to Order / Roll Call.
The meeting was called to order at 6:10 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, January 22, 2008 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Kenneth Dugger, Kevin
Drown, Mike Wadsworth, and Ray Smith.
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Chris
Copple, Senior Planner; Ron Butler, Business Manager; Dan Tolleson, Economic Development Director; and
Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Kris Kennedy, First Baptist Church Prosper.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Councilmember Wadsworth announced that Rhea's Mill Baptist Church would be have a grand opening for their
new building on February 3, 2008.
Mayor Niswanger announced that filing for the May 10, 2008 election would be taking place from February 9"'
through March 101h
EXECUTIVE SESSION
4. 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 negotiations with Western Development Group regarding
the Sanitary Sewer Line and Legacy Drive. (ML)
C. Section 551.072 to deliberate the purchase, exchange, lease or value of real property located
at the northwest corner of Church Street and First Street. (WH)
d. Section 551.097 to deliberate on economic development negotiations regarding projects
within the Town of Prosper. (DT)
Motioned by Councilmember Smith, seconded by Councilmember Dugger to recess into closed session.
Motion approved 6-0.
Councilmember Wadsworth left the meeting at 6:55 p.m.
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5. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Motioned by Councilmember Smith, seconded by Councilmember Drown to reconvene into regular session.
Motion approved 5-0.
CONSENT AGENDA
6. 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
b. An update on the Town's sports fields and/or the construction of future sports fields. (WM
FINANCIALS
C. Consider and act upon the financial statements ending December 31, 2007. (RB)
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to approve the consent agenda subject
to staff recommendations.
Motion approve 5-0.
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 285.5t acres, located on the north and
south side of First Street, 2,650f feet east of Coit Road, from Agricultural (A) to Planned
Development -Single Family (PD-SF). (Z07-18). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Doug Mousel, LandPlan Development, gave a presentation to council on the proposed zoning change.
Jim Williams, LandPlan Development, answered questions for council.
Motioned by Councilmember Dugger, seconded by Mayor Pro-Tem Bristol to open the public hearing.
Motion approved 5-0.
Mayor Niswanger opened the public hearing at 7:21 p.m.
There were no comments by the public.
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Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Drown to close the public hearing.
Motion approved 5-0.
Mayor Niswanger closed the public hearing at 7:23 p.m.
Motioned by Councilmember Drown, seconded by Councilmember Smith to approved the requested zoning as
Planned Development -Single Family.
Motion approved 5-0.
9. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of
approximately 10.0141 acres of land located in the Spencer Graham Survey, Abstract No.359, and
being more generally located +3700 east of Coit Road and +1840 north of E. First Street. (MD)
Motioned by Councilmember Dugger, seconded by Councilmember Smith to open the public hearing.
Motion approved 5-0.
Mayor Niswanger opened the public hearing at 7:43 p.m.
There were no comments by the public.
Motioned by Councilmember Smith, seconded by Councilmember Drown to close the public hearing.
Motion approved 5-0.
Mayor Niswanger closed the public hearing at 7:44 p.m.
10. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of
approximately 10.85 acres of land located in the George Horn Survey, Abstract No.412, and being
more generally located north of Prosper Trail and west of Custer Road. (MD)
Matt Denton, Town Secretary, gave council background information on this item. He advised the council that the
applicant has asked for the annexation to be tabled. Matt informed the applicant the annexation ordinance would
have to be passed by the February 26, 2008 Town Council meeting or the annexation process would have to start
over.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to open the public hearing.
Motion approved 5-0.
Mayor Niswanger opened the public hearing at 7:45 p.m.
There were no comments by the public.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to close the public hearing.
Motion approved 5-0.
Mayor Niswanger closed the public hearing at 7:46 p.m.
DEPARTMENT ITEMS
11. Review and discuss the Town's financial audit of the 2006-2007 fiscal year. (RB)
Tom Pingleton, Pingleton, Howard and Company, reviewed the Town's financial audit with council. Due to the
council not having the entire audit, the item will be brought back to council at the February 12, 2008 for approval.
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12. Discuss the Town's quarterly investment report for the Quarter ending December 31, 2007. (RB)
Ron Butler, Business Manager, reviewed the quarterly investment report for council.
13. Consider and act upon 1) Letter of Agreement with RW Beck to create a Water, Wastewater, and
Utility Business Plan and 2) a resolution authorizing the Town Manager to execute the same. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Smith to approved a letter of agreement with
RW Beck and authorize the Town Manager to execute the same.
Motion approved 5-0.
14. Discuss and update Town Council on the Preston 48 Addition development located in the southwest
quadrant of Prosper Trail and Highway 289. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Tom McCabe, owner representative, also answered questions for council on the status of the project.
15. Consider and act upon 1) the First Amendment to the development agreement between MF V
Chesney 65, LP, and the Town of Prosper and 2) a resolution authorizing the Town Manager to
execute the same. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Councilmember Smith, seconded by Councilmember Dugger to approved the amendment to the
development agreement subject to staff comments.
Motion approved 5-0.
16. Consider and act upon 1) letter of agreement with HOK for the Town of Prosper Gateway
Enhancement Study and 2) a resolution authorizing the Town Manager to execute the same. (ML)
Mike Land, Town Manager, gave council background information on this item. He informed council that the
developers along the 380 corridor have agreed to fund about 80% of the project. The Prosper Economic
Development Corporation is also funding $3200 towards the project.
Motioned by Councilmember Smith, seconded by Mayor Pro-Tem Bristol to approve a letter of agreement with
HOK and adopt a resolution authorizing the Town Manager to execute the same.
Motion approved 5-0.
17. Consider and act upon 1) Memorandum of Understanding with ConBrio to facilitate a Town
Meeting / World Cafe discussion on Saturday, March 29, 2008 and 2) a resolution authorizing the
Town Manager to execute the same. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Councilmember Drown, seconded by Councilmember Dugger to approve a memorandum of
understanding and adopt a resolution authorizing the Town Manager to execute the same.
Motion approved 5-0.
18. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Mayor Pro-Tem Bristol asked staff provide him a list of all the participants in the Developer's Council.
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19. Adjourn.
Motioned by Councilmember Smith, seconded by Councilmember Drown to adjourn.
Motion approved 5-0.
The meeting was adjourned at 8:43 p.m.
Attest:
Charles iswan • ayor
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