02.24.2009 Town Council MinutesISPEROWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:00 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Regular Meeting of the Prosper Town Council
Town of Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 24, 2009 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem
Kenneth Dugger, Dave Turley, Meigs Miller, and Danny Wilson.
Staff present included: Mike Land, Town Manager;
Copple, Senior Planner; Wayne Snell, Building Official;
Director; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Mayor Pro -Tem Smith.
Mayor Niswanger led the Pledge of Allegiance.
3ulon Webb, Director of Development Services; Chris
Wade Harden, Senior Planner; Matthew Garrett, Finance
3. Announcements of dates and times of upcoming community events.
Mike Land, Town Manager, announced the downtown area cleanup that will be held on Saturday, February 28,
2009 from 9 a.m. to 2 p.m. The cleanup is part of the Serve Prosper Program.
Matthew Denton, Town Secretary, announced there will be an election for Place 2 and Place 6 on May 9, 2009.
Applications for a place on the ballot can be submitted to the Town Secretary through March 9, 2009.
EXECUTIVE SESSION
4. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit: Section 551.071. Meeting with Town Attorney regarding a matter (s) in which the duty of the
Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
conflict with the Open Meetings Act regarding legal issues relating to request to amortize
nonconforming use located at 2721 N. Custer Road.
Motioned by Councilmember Turley, seconded by Mayor Pro -Tem Smith to recess into closed session.
Motion approved 6-0.
5. Reconvene into Open Session and take any action necessary as a result of the Closed Session.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Turley to reconvene into open session.
Motion approved 6-0.
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to table items 6 and 7 until the
March 24, 2009 Town Council meeting.
Motion approved 6-0.
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6. Consider and possibly act upon determining whether there is a public necessity for expedited
compliance with the zoning regulations for the use located at 2721 N. Custer Road.
7. Consider and possibly act upon requesting the Planning & Zoning Commission to initiate a public
hearing in accordance with the Zoning Ordinance to determine the proper zoning of the property
located at 2721 N. Custer Road.
CONSENT AGENDA
8. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
February 10, 2009 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. 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 9, 2009 General Election. (MD)
C. Consider and act on a Purchase of a 2009 Super Duty F-450 pickup truck from Bob Tomes Ford in
the amount of $33,162.00. (FJ)
d. Consider and act upon 1) enter into a contract agreement with Halff and Associates, Inc. for the
design and branding of Park Signage; 2) approve a resolution authorizing the Town Manager to
execute the same. (WH)
e. Consider and act upon baseball field improvements to Eagle's Landing Park. (WH)
f. Consider and act upon a resolution approving an Interlocal Agreement (ILA) between the Town of
Prosper and the Prosper Independent School District for improvements and use by the public of the
District's baseball field at the "old" Middle School location. (WH)
FINANCIALS
g. Consider and act upon the financial statements ending January 31, 2009. (MG)
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approve the consent agenda
items a through g.
Motion approved 6-0.
CITIZEN'S COMMENTS
9. Other Comments by the Public.
Scott Scher, 981 Woodview, thanked the staff for their work with the PYSA.
REGULAR AGENDA
PUBLIC HEARINGS
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10. A public hearing to consider and act upon an amendment to Chapter 1, Section 7 of the Zoning
Ordinance (Nonconforming Uses and Structures). (Z09-2). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Rebecca Brewer, Town Attorney, answered questions regarding this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:40 p.m.
There were no comments by the public.
Motioned by Councilmember Turley, seconded by Mayor Pro -Tem Smith to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:41 p.m.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve an amendment to
Chapter 1, Section 7 of the Zoning Ordinance (Nonconforming Uses and Structures) as submitted by staff on
02/24/2009.
Motion approved 6-0.
11. A public hearing to consider and act upon a request to rezone 9.6f acres, located on the southwest
corner of Dallas Parkway and future Lovers Lane, from Agricultural (A) to Commercial Corridor
(CC). (Z09-1). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:43 p.m.
Cheryl Williams, Owner Representative, answered questions for council.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:44 p.m.
Motioned by Councilmember Miller, seconded by Deputy Mayor Pro -Tem Dugger to approve the request to rezone
9.6 acres, located on the southwest corner of Dallas Parkway and future Lovers Lane, from Agricultural (A) to
Commercial Corridor (CC).
Motion approved 6-0.
12. A public hearing to consider and act upon a request for a Specific Use Permit (SUP) for a Child Day
Care Center and/or Private School on 0.6f acre (601 East Seventh Street), located on the northeast
corner of North Street and East Seventh Street. The property is zoned Single Family -15. (S09-1).
(CC)
Chris Copple, Senior Planner, gave council background information on this item.
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Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to open the public hearing
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:51 p.m.
There were no comments by the public.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:52 p.m.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Wilson to approve a request for a Specific Use
Permit (SUP) for a Child Day Care Center and/or a Private School on 0.6+ acre (601 East Seventh Street), located
on the northeast corner of North Street and East Seventh Street, subject to:
1. Exhibit B being revised to show a six (6) foot irrigated evergreen living screen on the west side of the play
area.
2. The maximum height of any playground or accessory structure being twenty (20) feet.
Motion approved 6-0.
DEPARTMENT ITEMS
13. Discuss and provide direction regarding proposed 2009 involuntary annexations. (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Council directed staff to move forward with the project with the proposed 2 phased approach
14. Consider and act upon ordinances adopting the following codes: (WS)
• 2006 Edition of the International Residential Code (IRC)
• 2006 Edition of the International Building Code (IBC)
• 2006 Edition of the International Plumbing Code (IPC)
• 2006 Edition of the International Fuel Gas Code (IFGC)
• 2006 Edition of the International Mechanical Code (IMC)
• 2006 Edition of the International Energy Conservation Code (IECC)
• 2005 Edition of the National Electric Code (NEC)
Wayne Snell, Building Official, gave council background information on this item
Motioned by Councilmember Wilson, seconded by Mayor Pro -Tem Smith to approve item 14.
Motion approved 6-0.
15. Consider and act upon a resolution accepting the Town Manager's proposed 2009 Workplan. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to accept the 2009 Workplan,
supporting document and the Town Council Advance Report with the following change:
Add to section 2B of the Workplan: vii The Town will host timely community meetings, World
Cafe's, to discuss community issues and opportunities.
Motion approved 6-0.
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16. Discuss and possibly appoint a member to the Planning and Zoning Commission to fill an unexpired
term.
Councilmember Miller nominated Troy Brock to fill the term.
Motion approved 6-0.
17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
18. Adjourn.
Motioned by Mayor Pro -Tem Smith seconded by Deputy Mayor Pro -Tem Dugger to adjourn.
Motion approved 6-0.
The meeting was adjourned at 7:13 p.m.
Attest:
Wtthew D. Denton, TRMC
Town Secretary
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