01.08.2008 Town Council MinutesMINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, January 8, 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, 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; Wade Harden, Senior Planner; Ron Butler, Business Manager; and Matthew Denton, Town
Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Bruce Kendrick, Rhea's Mill Baptist Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Matthew Denton, Town Secretary, announced the filing dates for the May 10`h Election will be February 9`h through
March 10`h. Council Places 3, 4, and 5 are up for election.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• December 11, 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. (WI)
ANNEXATION PETITIONS
C. Consider and act to accept a petition presented by Forest City Land Group to set dates for
two public hearings and call for a service plan for the voluntary annexation of approximately
2106.592 acres of land and being more generally located north of Hwy 380 and west
of Fields Road. (MD)
d. Consider and act to accept a petition presented by Forest City Land Group to set dates for
two public hearings and call for a service plan for 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)
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Mayor Pro-Tem Bristol requested Item 4e be pulled from the consent agenda.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Dugger to approve the consent agenda items 4a
through 4d subject to staff recommendations.
Motion approved 7-0.
FINANCIALS
e. Consider and act upon the financial statements ending November 30, 2007. (RB)
Mayor Pro-Tem Bristol and Deputy Mayor Pro-Tem Turley had a few questions regarding the November 2007
financial statements.
Motioned by Mayor Pro-Tem Bristol, seconded by Deputy Mayor Pro-Tem Turley to approve the November 2007
financial statements.
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 First 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 Mayor Pro-Tem Bristol, seconded by Councilmember Smith to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:19 p.m.
There were no comments by the public.
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 6:20 p.m.
7. Presentation of Service Plan and First 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)
Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:21 p.m.
There were no comments by the public.
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Motioned by Councilmember Dugger, seconded by Councilmember Smith to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:22 p.m.
DEPARTMENT ITEMS
8. Consider and act upon 1) approval of a Nonexclusive Distribution Agreement with the North Texas
Tollway Authority and 2) adopt a resolution authorizing the Town Manager to execute the same.
(MD)
Matt Denton, Town Secretary, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Dugger to approve the resolution
authorizing the Town Manager to execute the Nonexclusive Agreement with the North Texas Tollway Authority.
Motion approved 7-0.
9. Consider and act upon 1) Change Order number 2 to include $38,804.20 dollars of paving
improvements in Collin Green to Collin Court and 2) adopt a resolution authorizing the Town
Manager to execute the same. (FJ)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tern Turley, seconded by Councilmember Dugger to approved Change Order
Number 2.
Motion approved 7-0.
10. Consider and possibly act upon 1) an amendment to the La Terra Studio design and construction
contract, increasing the contract amount by $3,300 to include the design and engineering of sports
field lighting and 2) approve a resolution authorizing the Town Manager to execute the changes.
(WH)
Wade Harden, Senior Planner, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to approved Changer Order
Number I as presented, increasing the contract by $3,300 to a total of $35,700.
Motion approved 7-0.
11. Consider and possibly authorize Town Staff to submit a Letter of Intent to Burlington Northern /
Santa Fe Railroad (BNSF) to establish a new crossing quiet zone within the Town of Prosper. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Mike Land, Town Manager, and Hulon Webb, Director of Development Services also answered questions for
council.
Motioned by Councilmember Drown, seconded by Deputy Mayor Pro-Tem Turley for staff to submit a Letter of
Intent to BNSF to establish a quiet zone within the Town of Prosper and for staff to pursuing closure of the train
crossing north of the Prosper Trail crossing to extend the length of the quiet zone.
Motion approved 4-3 with Councilmeber Dugger, Councilmember Wadsworth, and Mayor Pro-Tem Bristol voting
"no."
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12. Consider and act upon adoption of an ordinance amending Section 4 E. of the Comprehensive Parks
Ordinance. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Motioned by Councilmember Wadsworth, second by Mayor Pro-Tem Bristol to adopt the ordinance as amended.
Motion approved 7-0.
13. Discuss and give direction regarding traffic safety along Hwy 380. (ML)
Mike Land, Town Manager, gave council background information on this item.
Hulon Webb, Director of Development Services, answered questions for council.
Jason Harber, 1000 Chapala Ct., La Cima HOA Representative, spoke in favor of placing a traffic light at 380 and
La Cima Blvd.
Council directed staff to work with TxDoT on doing a Warrant Study at the 380/La Cima and 380/Coit
intersections.
14. Consider and act upon approval of a resolution appointing a board member to the Upper Trinity
Regional Water District Board of Directors. (ML)
Motioned by Mayor Niswanger, seconded by Councilmember Wadsworth to appoint Chris Blair to the Upper
Trinity Regional Water District Board of Directors.
Motion approved 7-0.
EXECUTIVE SESSION
15. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit: Section 551.087 to deliberate on economic development negotiations regarding the Gates of
Prosper project.
16. Reconvene into regular session and take any action necessary as a result of the closed session.
17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Mayor Pro-Tem Bristol requested the Parks and Recreation Board and EDC Board Minutes be in the next agenda
Packet. Mayor Pro-Tem Bristol also requested updates on the EDC 2008 Workplan, emergency notification
procedures, and the Forest City agreement.
Mayor Niswanger requested an update on the property behind the Exxon at Prosper Trail and Preston.
18. Adjourn.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tem Turley to adjourn.
Motion approved 7-0. "% k i 9 a 6 6 #1�
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The meetin was adjourned a p.m. °�°%�,1�`
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