12.08.2009 Town Council MinutesISPER
OWN OF
1. Call to Order / Roll Call.
The meeting was called to order at 6:03 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, December 8, 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 (arrived 6:56 p.m.), 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; Wayne Snell, Building Official; and Matthew Denton,
Town Secretary.
2. Invocation and Pledge of Allegiance.
John Fowler, Pastor for Prosper Presbyterian Church, gave the Invocation.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger announced the Prosper Country Christmas on Sunday, December 13, 2009, starting at 3:00
p.m.
PRESENTATION
4. Presentation of a Certificate of Appreciation to Commissioner Joe Jaynes.
Mayor Niswanger presented a Certificate of Appreciation to Commissioner Joe Jaynes for his years of
service to the Town of Prosper.
CONSENT AGENDA
5. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• November 10, 2009 — Town Council Meeting
• November 20, 2009 — Special Town Council Meeting
• November 30, 2009 — Special Town Council Meeting
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ORDINANCES, RESOLUTIONS, AND AGREEMENTS
b. Consider and act upon an ordinance rezoning 120.8± acres, located on the southeast corner of
Legacy Drive and Frontier Parkway, from Agricultural (A) to Planned Development—Single
Family/Retail (PD-SF/R). (Z09-04). (CC)
C. Consider and act upon an ordinance granting 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 -19 -Commercial Corridor (PD -19 -
CC). (S09-2). (CC)
d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the
Planning & Zoning Commission on any site plan or preliminary site plan. (CC)
e. Consider and act upon an ordinance for the voluntary annexation of approximately 126.50
acres of land generally located south of Frontier Pkwy and west of N. Wesley Drive. (MD)
f. Consider and act upon amending ordinance No. 06-37 for Contractor Registration
Requirements to correspond with State law changes. (WS)
FINANCIALS
g. Consider and act upon the financial statements ending October 31, 2009. (MG)
Motioned Councihnember Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tern Smith to approve
the consent agenda.
Motion approved 6-0.
CITIZEN'S COMMENTS
6. Other Comments by the Public.
Aaron Ferguson, 3200 Amberwood Lane, addressed the council regarding his Eagle Project for Scouts.
REGULAR AGENDA
PUBLIC HEARINGS
7. A public hearing to consider and act upon a request to rezone 0.6± acre, located on the
northeast corner of Coleman Street and Fifth Street (103 East Fifth Street), from Single
Family -15 (SF -15) to Planned Development -Downtown Office (PD-DTO). (Z09-12). (CC)
Chris Copple, informed council the applicant has requested the item be tabled to the January 12, 2010 Town
Council meeting.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to open the public
hearing.
Motion approved 6-0.
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Mayor Niswanger opened the public hearing at 6:13 p.m.
Motioned by Mayor Pro -Tem Smith, seconded by Councilmember Wilson to continue the public hearing
until the January 12, 2010 Town Council meeting.
Motion approved 6-0.
8. A public hearing to consider and act upon a request to rezone 4.0± acres, located on the north
side of the Prairie Vista terminus, 600± feet west of Coleman Street (601 N. Coleman Street),
from Single Family -15 (SF -15) to Commercial (C). (Z09-15). (CC)
Chris Copple, Senior Planner, gave council background information on this time.
Motioned by Mayor Pro -Teen Smith, seconded by Councilmember Miller to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:15 p.m.
There were no comments by the public.
Motioned by Mayor Pro -Tern Smith, seconded by Councilmember Turley to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 6:16 p.m.
Motioned by Councilmember Miller, seconded by Councilmember Wilson to approve a request to rezone
4.0± acres, located on the north side of the Prairie Vista terminus, 600± feet west of Coleman Street (601 N.
Coleman Street), from Single Family -15 (SF -15) to Commercial (C).
Motion approved 6-0.
9. A public hearing to consider and act upon a request to rezone 11.8± acres, located on the
southeast corner of Frontier Parkway and Wesley Drive, from Agricultural (A) to Commercial
(C). (Z09-14). (CC)
Chris Copple, Senior Planner, gave council background information on 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 6:23 p.m.
Kevin Weir, Spier Engineers, answered questions for council.
Brian Gilbert, property owner, answered questions for council.
George Dupont, 1400 Harvest Ridge, spoke against the rezoning.
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 6:43 p.m.
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Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to approved the request
to rezone 11.8± acres, located on the southeast corner of Frontier Parkway and Wesley Drive, from
Agricultural (A) to Commercial (C).
Motion approved 4-2 with Councilmember Miller and Mayor Pro -Tem Smith voting "no."
DEPARTMENT ITEMS
10. Consider and act upon an amendment to Chapter 13 of the Subdivision Ordinance regarding
park dedication requirements and park improvement fees. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Matt Robinson, Prosper Development Council Representative, spoke against the proposed amendment.
Scott Norris, 4265 Kellway Cr. Addison, spoke against the proposed amendment.
George Dupont, 1400 Harvest Ridge, addressed the council regarding the proposed amendment.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Teen Dugger to approve the
amendment as proposed with the following changes: Section 13.4.4 - change "fifty percent (50%)" to "one
hundred percent (100%)," and change Section 13.5.9.1 to be "$1,500" instead of "2,000."
Motion failed 3-4 with Niswanger, Turley, Vestal and Wilson voting "no".
Council directed staff to bring the item back on the January 12, 2010 Town Council agenda.
11. Consider and act upon the future of the Folsom Park athletic field lights. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
Mike McClung, 1400 Cedar Springs Dr, spoke in favor of keeping the lights at Folsom.
Kenneth Tebbetts, 881 White River Drive, spoke against keeping the lights at Folsom.
Jason Dixon, spoke in favor of keeping the lights.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Wilson to follow the Parks and
Recreation Board's recommendation to keep the athletic field lights at Folsom Park.
Motion approved 7-0.
12. Discuss cooperative funding opportunity with the City of Celina for the design and
construction of Frontier Parkway between Preston Rd. and the Dallas North Tollway. (ML)
Mike Land, Town Manager, gave council background information on this item.
Council directed staff to look at the different opportunities and report back at a future council meeting.
13. Consider a Resolution supporting the Town's 2009 Transportation Enhancement Program
projects. (WH)
Wade Harden, Senior Planner, gave council background information on this item.
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Motioned by Councilmember Wilson, seconded by Deputy Mayor Pro -Tem Dugger to approve a resolution
supporting the Town's 2009 Transportation Enhancement Program projects.
Motion approved 7-0.
EXECUTIVE SESSION
14. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code,
to wit: Section 551.074 to deliberate the evaluation of the Town Manager.
Council recessed into closed session at 8:56 p.m.
15. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 9:47 p.m.
No action was taken as a result of closed session.
16. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
17. Adjourn.
Motioned by Councilmember Vestal, seconded by Deputy Mayor Pro -Tem Dugger to adjourn.
Motion approved 7-0.
The meeting was adjourned at 9:48 p.m.
Attest:
Town Secretary
Chari s Niswaiyger, Mayor
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