03.24.2009 Town Council MinutesISPEROWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:01 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, March 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, David Vestal, Meigs Miller, and Danny Wilson.
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Chris
Copple, Senior Planner; Wayne Snell, Building Official; Dan Tolleson, Executive Director of Economic
Development Corporation; Frank Jaromin, Public Works Director; Ron Butler, Controller; Pamela Evans, Utility
Clerk; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Reverend Michael Gilton, St Paul's Episcopal Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
PRESENTATIONS
4. Recognition of John Hill of Darling Homes as the recipient of the Building Inspection's 2008 Builder
of the Year Award and of Anthony McKenzie of Legacy Homes as First Runner -Up and Clark
Edwards of Drees Homes as Second Runner -Up of the Award. (WS)
Wayne Snell, Building Official, presented plaques to Jon Hill, Darling Homes, and Anthony McKinzie, Legacy
Homes.
EXECUTIVE SESSION
7. 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.
Richard Shaw, 2721 N. Custer, addressed the council regarding the Environment Recycle, Inc.
Darlene Driver, 2721 N. Custer, addressed the council regarding the Environmental Recycle, Inc.
Doug Mousel, 5400 Dallas Pkwy, addressed the council regarding the Environmental Recycle, Inc.
Dale Clark, 170 N. Preston, addressed the council regarding the Environmental Recycle, Inc.
Tom Clark, 170 N. Preston, addressed the council regarding the Environmental Recycle, Inc.
5. 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.
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Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to recess into closed session.
Motion approved 7-0.
Council recessed into closed session at 6:39 p.m.
6. Reconvene into Open Session and take any action necessary as a result of the Closed Session.
Motioned by Councilmember Wilson, seconded by Councilmember Turley, determining there is a public necessity
for expediting compliance with the zoning regulations for the use located at2721 N. Custer Road, and authorizing
the Town Manager to engage any professionals necessary to determine the appropriate amortization period.
Motion approved 7-0.
8. 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
9. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
March 9, 2009 — Town Council Work Session
March 10, 2009 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon a Certification of Unopposed Candidates. (MD)
C. Consider and act upon an ordinance cancelling the May 9, 2009 General Election. (MD)
d. Consider and act upon a resolution support the designation of State Highway 289 as the "Preston
Trail Highway." (ML)
FINANCIALS
e. Consider and act upon the financial statements ending February 28, 2009. (MG)
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Wilson to approve the consent agenda.
Motion approved 7-0.
CITIZEN'S COMMENTS
10. Other Comments by the Public.
Trent Lewis, 1251 N. Legacy, addressed the council supporting the annexation of all the property currently in the
ETJ.
Robert Wierschem, 1690 Cedar Bend Ct., addressed the council regarding Highland Meadows drainage issues.
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REGULAR AGENDA
PUBLIC HEARINGS
11. A public hearing to consider and act upon an ordinance establishing a municipal drainage utility
system fee schedule. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to open the pubic hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 7:44 p.m.
Chris Blair, 841 Sybil Ln, spoke in favor of establishing a municipal drainage utility system fee schedule.
George Dupont, 1400 Harvest Ridge Ln. spoke in favor of this item.
Trent Lewis, 1251 Legacy, spoke in favor of this item.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Turley to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:50 p.m.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to table item 11 until the April
14, 2009 Town Council meeting.
Motion approved 7-0.
12. A public hearing to consider and act on an ordinance increasing and modifying Water and
Wastewater fees and rate structures. (MG)
Chris Ekrut, J. Stowe & Company, gave council a presentation on this item.
Motioned by Councilmember Turley, seconded by Councilmember Vestal to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 8:17 p.m.
Chris Blair, 841 Sybil Ln., asked questions regarding the rate structures.
George Dupont, 1400 Harvest Ridge, asked questions regarding the rate structure.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to close the public hearing.
Motion approved.
Mayor Niswanger closed the public hearing at 8:21 p.m.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approved the ordinance
regarding the modifications of Water and Wastewater fees and rate structures subject to staff recommendations and
using option 3 for water rates and option 2 for sewer rates.
Motion approved 7-0.
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DEPARTMENT ITEMS
13. Consider and act upon a resolution designating Masonic Lodge, Lee Lodge #435, 101 S. Church
Street as a historical monument and free from Town taxes on land and improvements. (MD)
Mike Land, Town Manager, gave background information on this item.
Motioned by Councilmember Turley, seconded by Councilmember Vestal to deny the request for a resolution
designating Masonic Lodge, Lee Lodge #435, 101 S. Church Street as a historical monument and free from Town
taxes on land and improvements.
Motion approved 5-2 with Dugger and Niswanger voting "no."
14. Receive and discuss an Economic Development Corporation quarterly report. (DT)
Council recessed into closed session at 8:40 p.m. to discuss this item.
Council reconvened into open session at 9:04 p.m.
Dan Tolleson, Executive Director of the Economic Development Corporation, gave a presentation to council
regarding Economic Development.
15. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
16. Adjourn.
Motioned by Councilmember Turley, seconded by Mayor Pro -Tem Smith to adjourn.
Motion approved 7-0.
The meeting was adjourned at 9:08 p.m.
Attest:
atthew D. Denton, TRMC
Town Secretary
iarles Niswangeg;.mayor
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