08.11.2009 Town Council Minutess
TOWN OF
PER
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, August 11, 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 (arrived 6:06 p.m.)
Staff present included: Mike Land, Town Manager; Hulon Webb, Director of Development Services; ; Dan
Tolleson, Executive Director of Economic Development; Wayne Snell, Building Official; and Matthew Denton,
Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Mayor Pro -Tem Ray Smith.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Councilmember Miller announced the grand opening and community worship for the new Prosper High School
on August 16`h at 4:00 p.m.
Councilmember Miller also announced the next Server Prosper date as September 19, 2009.
PRESENTATIONS
4. Receive a presentation from Chris Blair regarding the Upper Trinity Regional Water District
annual update.
Council received a presentation from Chris Blair regarding the Upper Trinity Regional Water Dirstrict.
CONSENT AGENDA
5. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• July 28, 2009 — Town Council Meeting
• July 30, 2009 — Town Council Work Session
• August 3, 2009 — Special Town Council Meeting
ORDINANCES RESOLUTIONS, AND AGREEMENTS
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b. Consider and act upon an ordinance amending 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)
C. Consider and act upon an ordinance renaming a portion of Coleman Street (formerly State
Highway Business 289) to Talon Lane. (CC)
d. Consider and act upon 1) Voluntary Interlocal Cooperation Agreement by and between the City
of Frisco, Texas Department of Transportation, the Town of Prosper, and the Town of Little Elm
for the operation and maintenance of traffic signals at US 380 at La Cima and FM 423 at FM 720
and 2) adopt a resolution authorizing the Town Manager to execute the same. (HW)
e. Consider and act upon a resolution adopting the 2009 Appraisal Rolls as certified by the Collin
and Denton County Appraisal Review Boards for Fiscal Year 2009-2010. (MG)
E Consider and act upon a resolution authorizing the Town Manager to execute a Letter of
Agreement to complete Utility Bill Audits of electric, street lighting, gas and water/sewer, between
TriStem, LTD. and the Town of Prosper. (MG)
ANNEXATION PETITIONS
g. Consider and act to accept a petition presented by Lelia Joyce Weems to set dates for two public
hearings and call for a service plan for the voluntary annexation of approximately 33.026 acres of
land generally located north of West First Street and east of the Dallas North Tollway. (MD)
Councilmember Turley asked that Item 5e be removed from the consent agenda. No action was taken of this
item.
Motioned by Councilmember Miller, seconded by Councilmember Wilson to approve the consent agenda items
a through d and f and g.
Motion approved 7-0.
CITIZEN'S COMMENTS
6. Other Comments by the Public.
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
7. A public hearing to consider and act upon a request to rezone 0.7f acre, located on the northeast
corner of Coleman Street and Fifth Street (103 East Fifth Street), from Single Family -15 (SF -15)
to Commercial (C). (Z09-7). (CC)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Turley to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:26 p.m.
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Shirley Jackson, property owner, spoke supporting the requested zoning change.
Howard Little, 2901 Dove Ct. McKinney, spoke in support of the zoning change
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:32 p.m.
Motioned by Mayor Niswanger to approve the requested zoning change.
The motion died due to the lack of a second.
Motioned by Councilmember Miller, seconded by Councilmember Wilson to deny the request to rezone 0.7f
acre, located on the northeast corner of Coleman Street and Fifth Street (103 East Fifth Street), from Single
Family -15 (SF -15) to Commercial (C).
Motion approved 6-1 with Mayor Niswanger voting "no".
DEPARTMENT ITEMS
8. Consider and act upon 1) an award of bid to Weir Brothers, Inc., 2) enter into a contract
agreement with Weir Brothers, Inc., regarding the construction services for the Prosper Trail
Improvements (Dallas North Tollway to Preston Road) and 2) adopt a resolution authorizing the
Town Manager to execute the same. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Mayor Niswanger stepped out of the room.
Motioned by Councilmember Turley, seconded by Councilmember Miller to approve item 8.
Motion approved 6-0.
9. Consider and act upon an ordinance adopting Green Built North Texas Protocol 2.0 with Town of
Prosper Addendum No. 1 creating the Town of Prosper Residential Green Building Program.
(HW)
Hulon Webb, Director of Development Services, gave council background information on this item,
Kent LsSueur, 200 Townlake Dr., Prosper, spoke in favor of the Green Building Program.
Phil Crone, 6805 Lebanon Rd., Frisco, spoke in favor of the Green Building Program.
Doug Mousel, spoke in favor of the Green Building Program.
Dale Clark, spoke in favor of the Green Building Program.
Motioned by Councilmember Vestal, seconded by Councilmember Turley to approve the attached ordinance as
proposed adopting the Green Built North Texas Protocol 2.0 as exists or may be amended with Town of Prosper
Addendum No. 1 (with the below changes) creating the Town of Prosper Residential Green Building Program.
Section 3: Town of Prosper Addendum No. 1: remove the words "weather forecast based" and "with humidity
control".
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Motion approved 6-1 with Deputy Mayor Pro -Tem Dugger voting "no."
10. Submission and discussion of the FY 2009-2010 Budget and Budget Message by the Town
Manager. (ML)
Mike Land, Town Manager, presented the proposed FY 2009-2010 Budget and Budget Message.
11. Consider and act upon a schedule for public hearings on the FY 2009-2010 Budget. (ML)
Motioned by Councilmember Miller, seconded by Councilmember Turley to set the public hearings on the FY
2009-2010 Proposed Budget for August 25, 2009 at 6:00 p.m. and September 3, 2009 at 6:00 p.m., with each
meeting taking place here in the Prosper Municipal Chambers located at 108 W. Broadway, Prosper, TX.
Motion approved 7-0.
12. Consider and act upon a proposed tax rate for FY 2009-2010. (ML)
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to propose a tax rate of
$0.55 per $100 valuation, which would increase property tax revenues over the preceding year.
Motion approved 5-2 with Mayor Pro -Tem Smith and Councilmember Miller voting "no' .
13. Consider and act upon a schedule for public hearings on the proposed FY 2009-2010 tax rate.
(ML)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to set the public hearings on
the proposal to increase total tax revenues and the proposed tax rate of $0.55 per $100 in valuation for August
25`h at 6:00 p.m. and September 3`1 at 6:00 p.m., with each meeting taking place Here in the Prosper Municipal
Chambers located at 108 W. Broadway, Prosper, TX.
Motion approved 7-0.
14. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
15. Adjourn.
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to adjourn.
Motion approved 7-0.
The meeting was adjourned at 8:23 p.m.
Attest:
atthew D. Denton, TRMC�� Fiff1anger, Mayor
own Secretary 1i F 1,f
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