11.10.2009 Town Council MinutesISP
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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, November 10, 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; Hulon Webb, Director of Development Services; Dan Tolleson,
Executive Director of Economic Development; Chris Copple, Senior Planner; Matthew Garrett, Finance Director;
Wade Harden, Senior Planner; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The hivocation was given by Councilmember Meigs Miller.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger asked that everyone take some time to send prayers and thoughts to our Veterans and men and
women currently serving in the armed forces on Veterans Day, November 11, 2009.
Mike Land announced that November 15d' is the Stuff the Bus and December 13d' is the Prosper Country Christmas.
Mile Land also announced there will be no Town Council meetings on November 24`x' and December 22"d, 2009 due to
the proximity to the Thanksgiving and Christmas holidays.
PRESENTATION
4. Presentation of a Proclamation for Prosper Under 8 All Stars. (WH)
Mayor Niswanger presented a Proclamation to the Prosper Under 8 All Stars.
CONSENT AGENDA
5. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
October 27, 2009 — Town Council Meeting
ORDINANCES, RESOLUTIONS, AND AGREEMENTS
Page 1 of 4
b. Consider and act upon an ordinance rezoning 107.2± acres, located on the northwest corner of Gee
Road and U.S. 380, from Agricultural (A) to Single Family -10 (SF -10) and Commercial (C). (Z08-7).
(CC)
C. Consider and act upon an ordinance amending the Town's Thoroughfare Plan (Section 13 of the Town's
Comprehensive Plan) removing the unnamed east -west four lane divided thoroughfare, located between
Teel Parkway and Gee Road, 1,800± feet north of U.S. 380. (CA09-01). (CC)
d. Consider and act upon an ordinance amending the Town's Thoroughfare Plan (Section 13 of the Town's
Comprehensive Plan) revising a portion of First Street, located between Coleman Street and Craig
Street, from a future four lane divided thoroughfare (90 feet of right-of-way) to a future three lane
thoroughfare (60 feet of right-of-way). (CA09-02). (CC)
e. Consider and act upon Change Order #1 to RLK Engineering, Inc, for the First Street Improvements
(Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380). (HW)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve the consent agenda.
Motion approved 6-0.
CITIZEN'S COMMENTS
6. Other Comments by the Public.
REGULAR AGENDA
PUBLIC HEARINGS
A public hearing to consider and act upon a request for a Specific Use Permit (SUP) for a Concrete
Batching Plant on 5.0± acres, located on the west side of Dallas Parkway, 900± feet south of First Street.
The property is zoned Planned Development -l9 -Commercial Corridor (PD -19 -CC). (509-2). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Wilson to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:18 p.m.
Carter Chatterton, owner representative, answered questions for council.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Turley to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:23 p.m.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to approve the request for a
Specific Use Permit (SUP) for a Concrete Batching Plant with a 2 year term on the SUP as recommended by the
Planning and Zoning Commission and with an onsite billing office required in the SUP.
Motion approved 6-0.
8. Presentation of Service Plan and First Public hearing to consider the voluntary annexation of
approximately 126.50 acres of land generally located south of Frontier Pkwy and west of N. Wesley
Drive. (MD)
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Wilson to open the public hearing.
Page 2 of 4
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:26 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:27 p.m.
DEPRTMENT ITEMS
9. Receive and discuss the Community Library monthly report. (LS)
Linda Shaw, Town Librarian, gave council a monthly report on the Community Library activity.
Roger Flood, 2761 Meadow Ridge, gave information regarding the Community Library activity and also announced
there will be a book swap on November 14, 2009.
10. Consider and act upon Change Order #2 to RLK Engineering, Inc, for the First Street Improvements
(Preston Road to Coit Road) and Coit Road Improvements (First Street to US 380). (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Wilson to table this item.
Motion approved 6-0.
11. Consider and act upon a resolution making a determination related to the creation of a neighborhood
empowerment zone. (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Turley to approve the resolution as submitted.
Motion approved 6-0.
12. Consider and act upon a resolution creating a neighborhood empowerment zone and setting forth
incentives authorized to be used by the Town. (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Miller to adopt a resolution creating a
neighborhood empowerment zone and setting forth incentive authorized to be used by the Town with the following
changes:
Section 4 B 42, change the "sixty percent (60%)" to read "one hundred percent (100%)".
Section 4 B 42, add "non residential only" after the word "new" to read "new non residential development or
redevelopment."
Section 4, last paragraph, add "up to" in the last sentence to read "Written agreements shall be for a maximum
period of up to ten (10) years."
Motion approved 6-0.
Page 3 of 4
13. Consider and possibly act upon approval of the proposed Town of Prosper park signage standard. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Lenny Hughes, Halff Associates, answered questions for council.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to approve the proposed Town of
Prosper park signage standard.
Motion approved 6-0.
EXECUTIVE SESSION
14. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit:
a. Section 551.072 to deliberate regarding real property involving the Community Park.
b. Section 551.074 to deliberate the evaluation of the Town Manager.
Motioned by Mayor Pre -Tem Smith, seconded by Councilmember Miller to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 7:28 p.m.
15. 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 -Teen Dugger to reconvene into regular session.
Motion approved 6-0.
Council reconvened into regular session at 6:47 p.m.
16. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
17. Adjourn.
Motioned by Mayor Pro -Tern Smith, seconded by Deputy Mayor Pro -Tem Dugger to adjourn.
Motion approved 6-0.
The meeting was adjourned at 7:48 p.m.
Attest:
Charles Niswanger, Mayor
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