07.28.2009 Town Council MinutesTOWN OF
SPER
1. Call to Order / Roll Call.
The meeting was called to order at 6:04 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, July 28, 2009 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem
Kenneth Dugger, David Vestal, and Meigs Miller,
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; Dan
Tolleson, Executive Director of Economic Development; Chris Copple, Senior Planner; Wayne Snell, Building
Official; Wade Harden, Senior Planner; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Councilmember David Vestal.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mike Land announced the UTD students will be presenting their downtown study at the August 3, 2009 Special
Town Council meeting.
Mike Land also announced the Community Worship Service for the new high school at 6:00 p.m. on August 6,
2009.
CITIZEN'S COMMENTS
5. Other Comments by the Public.
Myron Dornic, 901 Main St. Dallas TX, spoke in opposition to the involuntary annexations.
CONSENT AGENDA
4. Consent Agenda
ORDINANCES RESOLUTIONS AND AGREEMENTS
b. Consider and act upon an annexation agreement by and between the Town of Prosper and Furr
Properties LTD and adopting a resolution authorizing the Town Manager to execute the same. (CC)
C. Consider and act upon an annexation agreement by and between the Town of Prosper and Harold
and Maureen Patin and adopting a resolution authorizing the Town Manager to execute the same.
(CC)
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d. Consider and act upon an annexation agreement by and between the Town of Prosper and WFEQ
Partners LP and adopting a resolution authorizing the Town Manager to execute the same. (CC)
e. Consider and act upon an annexation agreement by and between the Town of Prosper and Paul D.
and Linda K. Gentry and adopting a resolution authorizing the Town Manager to execute the same.
(CC)
f. Consider and act upon an annexation agreement by and between the Town of Prosper and Joe
Wayne Chesney and adopting a resolution authorizing the Town Manager to execute the same. (CC)
g. Consider and act upon an ordinance for the involuntary annexation of approximately 291.362 acres
of land generally located north of Prosper Trail, east of Legacy Drive. (CC)
h. Consider and act upon an ordinance for the involuntary annexation of approximately 171.644 acres
of land generally located north of U.S. 380, 2,300± feet west of Dallas Parkway. (CC)
i. Consider and act upon an ordinance for the involuntary annexation of approximately 11.810 acres of
land generally located south of Frontier Parkway, west of BNSF Railroad. (CC)
j. Consider and act upon an ordinance for the involuntary annexation of approximately 14.596 acres of
land generally located north of Prosper Trail, west of Coleman Street. (CC)
k. Consider and act upon an ordinance for the involuntary annexation of approximately 137.866 acres
of land generally located west of Preston Road, 1,100± feet south of Frontier Parkway. (CC)
1. Consider and act upon an ordinance for the involuntary annexation of approximately 23.217 acres of
land generally located west of Coit Road, 1,800± feet south of Frontier Parkway. (CC)
In. Consider and act upon an ordinance for the involuntary annexation of approximately 20.037 acres of
land generally located on the north side of First Street, 200± feet west of La Cima Boulevard. (CC)
n. Consider and act upon an ordinance for the involuntary annexation of approximately 72.303 acres of
land generally located south of Frontier Parkway, east of Coit Road. (CC)
o. Consider and act upon an ordinance for the involuntary annexation of approximately 41.669 acres of
land generally located south of Frontier Parkway, 4,000± feet west of Custer Road. (CC)
P. Consider and act upon an ordinance for the involuntary annexation of approximately 132.930 acres
of land generally located south of Prosper Trail, 4,300± feet east of Coit Road. (CC)
r. Consider and act upon an ordinance for the involuntary annexation of approximately 21.430 acres of
land generally located north of Prosper Trail, west of Custer Road. (CC)
S. Consider and act upon an ordinance for the involuntary annexation of approximately 18.961 acres of
land generally located south of Frontier Parkway, west of Custer Road. (CC)
t. Consider and act upon an ordinance for the involuntary annexation of approximately 1.502 acres of
land generally located west of Custer Road, 2,600± feet north of Prosper Trail. (CC)
U. Consider and act upon 1) an Agreement for Encroachment on Easement within the limits of Hunter
Gateway Centre, by and between Oncor Electric Delivery Company and the Town of Prosper and 2)
a resolution authorizing the Town Manager to execute the same. (HW)
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V. Consider and act upon 1) approval of an Engineering and Surveying Services Agreement with Wier
& Associates, Inc., regarding the Main Street Park Paving Improvements and 2) adopt a resolution
authorizing the Town Manager to execute the same. (WH)
W. Consider and act upon resolution to adopt an Identify Theft Program pursuant to the Federal Trade
Commission's Red Flags Rule, which implements Section 114 of the Fair and Accurate Credit
Transactions Act of 2003. (MG)
FINANCIALS
X. Consider and act upon the financial statements ending June 30, 2009. (MG)
Y. Consider and act upon the Town's quarterly investment report for the Quarter ending June 30, 2009.
Deputy Mayor Pro -Tem Dugger removed items 4a and 4q from the consent agenda.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to approve the consent agenda
items b through p and r through y.
Motion approved 5-0.
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
July 14, 2009 — Town Council Meeting
Councilmember Dugger added the following statement to item 7:
Per Section 3.13 (Passage of Ordinances in General) subparagraph (2) of the Town Charter, the proposed
Residential Green Building Program could not be voted on at the July 14th Meeting since during the discussion
substantial changes were made. Therefore, the motion to approve the Residential Green Building Program subject
to the multiple changes was not valid. The revised ordinance reflecting the discussion at the July 14th Town
Council Meeting will be placed on the August 11, 2009 Town Council Meeting agenda for consideration.
Motion by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve item with 4a with the
above changes.
Motion approved 5-0.
q. Consider and act upon an ordinance for the involuntary annexation of approximately 44.274 acres of
land generally located north of Prosper Trail, 2,600± feet west of Custer Road. (CC)
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to table item 4q until the August
3, 2009 Special Town Council meeting.
Motion approved 5-0.
REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon an amendment to Chapter 4, Sections 2, 5, and 9 of the
Zoning Ordinance, regarding standards for the screening of air conditioning units and pool
equipment, roof pitches for residential buildings, residential landscaping, mail boxes, and the
exterior construction materials of residential buildings. (Z09-5). (CC)
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Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to open the public hearing.
Motion approved 5-0.
Mayor Niswanger opened the public hearing at 6:19 p.m.
Dale Clark spoke in support of the item.
George Dupont, 1400 Harvest Ridge, spoke in support of the item.
Motioned by Councilmember Miller, seconded by Mayor Pro -Tem Smith to close the public hearing.
Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:21 p.m.
Motioned by Councilmember Vestal, seconded by Deputy Mayor Pro -Tem Dugger to approve an amendment to
Chapter 4, Sections 2, 5, and 9 of the Zoning Ordinance, regarding standards for the screening of air conditioning
units and pool equipment, roof pitches for residential buildings, residential landscaping, mail boxes, and the
exterior construction materials of residential buildings.
Motion approved 5-0.
7. A public hearing to consider and act upon an amendment to Chapter 13 of the Subdivision
Ordinance regarding park dedication requirements and park improvement fees. (SA09-1). (WI)
Wade Harden, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to open the public hearing.
Motion approved 5-0.
Mayor Niswanger opened the public hearing at 6:44 p.m.
George Dupont, 1400 Harvest Ridge, spoke in support of the ordinance.
Matt Robinson, 10950 Research Rd, spoke in opposition to the ordinance.
Scott Norris, 4265 KBLC Way Addison, representing the Prosper Developer's Council, spoke in opposition to the
ordinance.
Tom Clark, 170 N. Preston Rd. #10, spoke in opposition to the ordinance.
Michael Beatty, 740 Sundance Ct., spoke in opposition to the ordinance.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Vestal to close the public hearing.
Motion approved 5-0.
Mayor Niswanger closed the public hearing at 7:07 p.m.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to table the item until after a
Joint Work Session between the Town Council and Parks and Recreation Board on August 13, 2009.
Motion approved 5-0.
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DEPARTMENT ITEMS
8. Consider and act upon an Interlocal Agreement with Celina regarding Librarian Services and 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 Miller, seconded by Mayor Pro -Tem Smith to approve the resolution authorizing the
Town Manager to enter into an Interlocal Agreement with the City of Celina regarding library services.
Motion approved 5-0.
9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
10. Adjourn.
Motioned by Councilmember Miller, seconded by Mayor Pro -Tem Smith to adjourn.
Motion approved 5-0.
The meeting was adjourned at 7:41 p.m.
Attest:
a'rles Niswanger, May
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