09.13.2005 Town Council MinutesISPER
OWN OF
Call to Order 1 Roll Call.
Meeting was called to order at 6:06 p.m.
Roll call was taken by the Town Administrator
Minutes (approved)
Regular Meeting of the Prosper Town Council
800 Somerville Drive
Folsom Elementary School (Community Room)
Tuesday, September 13, 2005 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Dave Turley, Kevin Drown, Mike Wadsworth, and David Bristol. Mayor Pro -Tem Lisa
Dritschler was absent.
Staff present included: Town Administrator, Doug Mousel; Planning Director, Mitch Humble; Business Manager, Ron Butler, Police Chief,
Kirk McFarlin and Town Secretary, Shanae Jennings.
2. Invocation and Pledge of Allegiance
Invocation was given by David Vestal, Lighthouse Christian Fellowship. The Pledge of Allegiance followed.
3. Announcements of dates and times of upcoming community events
The Health and Safety Fair will be on October 15, 2005 at the Prosper High School athletic facility.
CONSENT AGENDA
ms placed on the Consent Agenda are considered routine in nature arrd are considered non •conlrove rsial. The Consent Agenda can be acted upon in one motion, A majority vote of the
-,.until is required to remove any item for discussion and separate anion. Council members may vote nay on any single item without comment and may submit wrillen comments as part of
the official record.)
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings: (SJ)
* August 23, 2005 Regular Meeting
• September 6, 2005 Special Called Meeting
CONTRACTS & AGREEMENTS
b. Consider and act upon 1) an inter -local agreement between the Town of Prosper and the City of Frisco regarding the
provision of Geographic Information Systems (GIS) services to the Town and 2) a resolution authorizing the Mayor to
execute the same. (MH)
PLATS
c. Consider and act upon a final plat of Collinsbrook, Phase 1, being 91 Single Family lots on 39.3± acres on the north side
of First Street, 800± feet east of Coit Road (D05-22). (MH)
ORDINANCES & RESOLUTIONS
d. Consider and act upon a resolution adopting the Legend 457 Deferred Compensation Plan and authorizing the Town
Administrator or his/her designee to execute all documents necessary to adopt the plan. (DM)
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Motioned by David Bristol, seconded by Mike Wadsworth to pull items 4b and 4d from the consent agenda. Motion approved 4-0.
Motioned by Mike Wadsworth, seconded by David Bristol to approve agenda items 4a and 4c. Motion approved 4-0.
jug Mousel explained why he pulled item 4b, indicating that the money spent for item 4b is going to be coming from the Town instead of
the EDC; whereas, the EDC has paid for these services in the past. He indicated the EDC is by law only allowed to spend a certain amount
of money per year on services such as this; therefore, the payment for this service will be moved to the Town's general fund. He simply
wanted to point this out for clarification.
Motioned by Kevin Drown, seconded by Dave Turley to approve item 4b. Motion approved 4-0.
David Bristol asked to pull item 4d so that additional plans can be evaluated before making a decision on a plan for the entire Town. He
wants to make a fully educated decision on a company and plan when one is made, and he doesn't feel he can do that right now without
additional information. Council requested that David Bristol bring back the additional information he is looking for and they will discuss it
and consider it at a future council meeting.
Motioned by David Bristol, seconded by Mike Wadsworth to defer item 4d to a future council meeting in order that David Bristol will either
bring information back to the Council regarding additional plan options or that he will have someone bring back more information on this
item. Motion approved 4-0.
PUBLIC COMMENTS
(The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public
Comments Form" and present it to the Town Secretary prior to the meeting.)
5. Comments by the Public
There were no comments by the public tonight.
REGULAR AGENDA
%ou wish to address the Council during the regular agenda portion of the meeting, please fill out a "Speaker Request Form" and present it to the Town Secretary prior to the meeting.
. Azens wishing to address the Council for items listed as public hearings will be recognized by the mayor. Those wishing to speak on a non-public hearing related item will be recognized on
a case-by-case basis, at the discretion of the Mayor and Town Council.)
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 102.2± acres at the northeast corner of University Drive and
Dallas Parkway from Single Family -15 to Commercial (62.7# Commercial Corridor (20.6# and Multifamily (18.9±) (D05-10).
(MH)
Motioned by Mike Wadsworth, seconded by Dave Turley to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 6:25 p.m.
Dave Denison, 5949 Sherry Lane, Dallas, TX — He is the owner of the property and would like to bring in a multifamily unit on the comer of
University Drive and Dallas Parkway.
Motioned by Mike Wadsworth, seconded by Kevin Drown to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 6:34p.m.
Council is supportive of the commercial zoning throughout; however, they are not supportive of the multifamily along the Tollway at
University Drive.
Motioned by Mike Wadsworth, seconded by David Bristol to approve a a request to rezone 102.2± acres at the northeast comer of
University Drive and Dallas Parkway from Single Family -15 to Commercial (62.7±), Commercial Corridor (20.6±), and Multifamily (18.9±),
nJlbject to the multifamily portion of the request being zoned Commercial Corridor in compliance with the Future Land Use. Motion
proved 4-0.
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DEPARTMENT ITEMS
7. Consider and act upon an ordinance adopting the FY 2005-2006 Town budget. (DM)
ationed by Dave Turley, seconded by David Bristol to approve an ordinance adopting the FY 2005-2006 Town budget. Motion approved
4-0.
8. Consider and act upon an ordinance adopting the FY 2005.2006 Prosper Economic Development Corporation budget. (KG)
Motioned by Mike Wadsworth, seconded by Kevin Drown to approve an ordinance adopting the FY 2005-2006 Prosper Economic
Development Corporation budget. Motion approved 4-0.
9. Consider and act upon an ordinance adopting a property tax rate for FY 2005-2006. (DM)
Motioned by Mike Wadsworth, seconded by David Bristol to approve an ordinance adopting a property tax rate for FY 2005-2006 as
follows: I move that property taxes be increased by the adoption of a tax rate of $0.405385 per $100 of assessed value through approval
of an ordinance adopting a property tax rate of $0.405385 on all taxable property with $0.184549 of the tax rate being for the purpose of
maintenance and operations and $0.220836 being for interest and sinking. Motion approved 4-0.
10. Consider and act upon a communications policy. (SJ)
Motioned by Kevin Drown, seconded by Mike Wadsworth to approve the communications policy as presented, subject to staff
recommendations. Motion approved 4-0.
11. Discuss and provide direction to Town staff regarding board and committee selection process. (SJ)
The council directed staff to move forward with a meet and greet concept for the boards and committee selection process. The actual
appointment process will work as follows: Council will open nominations, any council person may nominate any applicant, and Council will
n cease nominations. At that point, a form containing every applicant being considered for each committee will be distributed to the
Council. Those members whose names were nominated will be voted on in a rank order system by writing that rank order on the form.
The rank order preferences will be added up, and those receiving the top number of votes/points will be appointed. All council members'
votes will be read aloud so that the audience is aware of the votes and rank order.
12. Consider and act upon an ordinance amending the rates for water and wastewater services. (DM)
Motioned by David Bristol, seconded by Mike Wadsworth to approve an ordinance amending the rates for water and wastewater services,
as recommended by staff. Motion approved 4-0.
13. Discuss and provide direction to Town staff regarding solid waste and recycling collection services and the amendment of
the Town's contract with IESI. (DM)
Mike Wilson spoke, representing IESI
Town Administrator Doug Mousel was requesting that Council provide him direction on two things: 1) whether or not Council was
interested in adding a full size recycle bin in lieu of the current cart; and 2) if they do decide to add the recycle bin, do they want to do it
now, and go ahead and re -negotiate a contract with IESE, or do they want to wait until the current contract expires, and send the entire
contract out to bid. David Bristol would like to add the recycle bins to the IESI contract now. Kevin Drown is also supportive of the new
recycle bins. Dave Turley supports another five year contract in conjunction with recycle bins within a renegotiated contract. Mike
Wadsworth has pause about a new five year contract in conjunction with new recycle bins while not sending the whole thing out to bid.
After much discussion, the consensus was that Council would like for staff to go and renegotiate a new contract with IESE for five years,
and add the recycle bin services into the contract. Mike Wadsworth is supportive of full size recycle bins, but would prefer to go out to bid
for services if a new five year contract is going to be entered into. However, he was supportive of the collective consensus.
r. Consider and act upon several issues associated with the Home Rule and Charter Exploratory Committee, including the
appointment of six additional residents to the Committee. (DM)
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Staff will re -contact the original applicants to see if those who applied and were not originally appointed are still interested in appointment.
Council did indicate that they would like to see the exploratory committee tum into the commission at the time it is appropriate to form a
commission. At that time, the three staff members who currently serve on the committee, but are not Prosper residents, will not become
-part of the commission, but will still participate in serving in an advisory capacity only. Dave Turley, Mike Wadsworth, and David Bristol
,pport the idea of adding additional council members to the committee. Kevin Drown wanted to see the six appointments come from the
electorate and then if six people are not available to serve, he would be comfortable with appointing an additional Council member at that
point.
Motioned by David Bristol, seconded by Dave Turley to direct Council to proceed in the direction of initiating the formal charter process by
appointing a charter commission at their own initiative upon the Town achieving a population of 5,000; that the Home Rule and Charter
Exploratory Committee findings be presented at upon finalization of their function; and, to defer action on appointment of six additional
members to the committee by Council members until September 27, 2005. Motion approved 4-0.
15. Discuss and provide direction to Town staff and take any necessary action regarding negotiations with the primary and
secondary firms selected to prepare a capital improvement plan and impact fee update. (DM)
Council indicated they had no need to discuss this item; therefore, it was not addressed at tonight's meeting.
EXECUTIVE SESSION
16. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section 551.072 —
Deliberation about the exchange of real property being Lot 4 of Hickory Creek Addition for the building and real property at 121
W. Broadway. (DM)
Council indicated they did not have any questions regarding the Hickory Creek Addition, and they were ready to move onto item 17;
therefore, there was no adjournment into executive session.
17. Reconvene into regular session and take any action necessary as a result of the closed session, being consider and act
;on 1) a bid for the exchange of a building and real property at 121 W. Broadway in Prosper, Texas for the real property being
Lot 4 of the Hickory Creek Addition in Prosper, Texas and cash and 2) a resolution authorizing the Mayor to execute all
documents necessary to complete the transaction. (DM)
Motioned by Mike Wadsworth, seconded by Dave Turley to approve 1) a bid for the exchange of a building and real property at 121 W.
Broadway in Prosper, Texas for the real property being Lot 4 of the Hickory Creek Addition in Prosper, Texas and cash and 2) a resolution
authorizing the Mayor to execute all documents necessary to complete the transaction. Motion approved 4-0.
18. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Staff wills schedule a goal planning session for the Town Administrator at a future meeting.
19. Adjourn
Motioned by Kevin Drown, seconded by Dave Turley to adjourn. Motion approved 4-0. The meeting was adjourned at 8:35 p.m.
Attest:
hanae Jennin , Town SecreAry
Charles Niswanger, Mayor
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