05.12.2009 Town Council MinutesISPEROWN OOF
1. Call to Order / Roll Call.
The meeting was called to order at 6:02 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, May 12, 2009 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem
Kenneth Dugger (arrived 6.21 p.m.), Dave Turley, David Vestal, and Meigs Miller
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Matthew
Garrett, Finance Director; Gary McHone, Police Captain; Curtis Smith, Fire Captain; Amy Lightfoot, Court Clerk;
David Ledwitz, Code Enforcement Officer; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by John Fowler, Prosper Presbyterian Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mike Land announced there will be a Special Town Council meeting on Thursday, May 14, 2009 to receive a
presentation from the UNT graduate students regarding downtown Prosper.
4. Administer Oath of Office and Issuance of Certificate of Election to Elected Councilmembers. (MD)
Mayor Pro -Tem Smith and Deputy Mayor Pro -Tem Dugger were sworn in and Mayor Niswanger signed
the Certificates of Election.
PRESENTATION
5. Presentations and Proclamations
a. Presentation of certificates of appreciation to Wayne Bartley, Tania Kiedinger, Kristin
Draxler, and Sherrill Hood.
Mayor Pro -Tem Smith and David Ledwitz presented the certificates of appreciation for cleanup of
the downtown area.
b. Introduction of new Fire Chaplain Todd Campbell.
Chief Tucker introduced the new Fire Chaplain, Todd Campbell.
C. Presentation of Proclamations for Emergency Medical Services and Public Safety Week.
Mayor Niswanger presented Proclamations to the Fired Department and Police Departments.
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d. Presentation of Plaques for Life Saving Awards.
Chief Tucker presented plaques to `B" Shift for saving the life of a citizen.
CONSENT AGENDA
8. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
April 23, 2009 — Town Council Work Session
April 28, 2009 — Town Council Meeting
ORDINANCES, RE SOLUTIONS, AND AGREEMENTS
b. Consider and act upon a resolution setting the schedule for the 2009 involuntary annexations. (CC)
C. Consider and act upon an ordinance amending Article 3.13 (Floods and Drainage) Section 3.13.033
(General Provisions) of the Town of Prosper Code of Ordinances regarding Flood Damage
Prevention. (HW)
d. Calling two public hearings for June 23, 2009 and July 7, 2009 for the involuntary annexations of a
19.958± acre tract of land located on the northwest corner of First Street and La Cima Boulevard, a
261.198± acre tract of land located on the north and south sides of Prosper Trail, on the west side of
Custer Road, a 1.468± acre tract of land located on the west side of Custer Road, 2,500± feet south of
Frontier Parkway, a 25.466± acre tract of land located on the southwest corner of Frontier Parkway
and Custer Road, a 65.395± acre tract of land located on the south side of Frontier Parkway, 2,700±
feet west of Custer Road, a 72.722± acre tract of land located on the southeast corner of Frontier
Parkway and Coit Road, a 23.103± acre tract of land located on the west side of Coit Road, 1,800±
feet south of Frontier Parkway, a 138.86± acre tract of land located on the west side of Preston Road,
1,200± feet south of Frontier Parkway, a 13.649± acre tract of land located on the southwest corner
of Frontier Parkway and Burlington Northern Santa Fe (BNSF) Railroad, a 14.804± acre tract of
land located on the northwest corner of Prosper Trail and Coleman Street, a 292.452± acre tract of
land located on the northeast corner of Prosper Trail and Legacy Drive, and a 170.648± acre tract of
land located on the north side of University Drive, 2,400± feet west of Dallas Parkway. (CC)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve the consent agenda.
Motion approved 6-0.
CITIZEN'S COMMENTS
9. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
10. A public hearing to consider and act upon a request to amend Planned Development -31 (PD -31),
Section 2.10 (Roof), located on 102.8± acres on the northwest corner of Prosper Trail and Preston
Road. (Z09-3). (CC)
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Hulon Webb, Director of Development Services, gave council background information regarding this item.
Motioned by Councilmember Turley, seconded by Mayor Pro -Tem Smith to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:30 p.m.
Cleburne Smith, owner representative, answered questions for council.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to close the pubic hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:34 p.m.
Motioned by Councilmember Vestal, seconded by Mayor Pro -Tem Smith to amend the Planned Development -31,
Section 2.10 (Roof), located on 102+ acres on the northweast conmer of Prosper Trail and Preston Road as
requested by the applicatnt including a including an 8/1:12 minimum for garages.
Motion approved 6-0.
EXECUTIVE SESSION
6. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, to
wit:
a. Section 551.074 to deliberate the midyear evaluation of the Town Manager.
b. Section 551.087 to deliberate regarding economic development negotiations regarding the
Prosper West Project.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Turley to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 6:38 p.m.
7. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to reconvene into regular
session.
Motion approved 6-0.
Council reconvened into regular session at 7:53 p.m.
No action was taken as a result of closed session.
11. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
12. Adjourn.
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to adjourn.
Motion approved 6-0.
The meeting was adjourned at 7:54 p.m.
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Attest:
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tthew D. Denton, TRMC
Town Secretary
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