12.13.2005 Town Council MinutesPISPER
OWN OF
Call to Order / Roll Call.
Meeting was called to order at 6:06 p.m.
Roll call was taken by the Town Secretary
Minutes (approved)
Regular Meeting of the Prosper Town Council
800 Somerville Drive
Folsom Elementary School (Community Room)
Tuesday, December 13, 2005 at 6:00 p.m. or
Immediately following the Joint meeting between the Prosper
Town Council and Prosper Economic Development Corporation
Council present included: Mayor Charles Niswanger, Dave Turley, Mayor Pro -Tem Lisa Dritschler, Kevin Drown, Mike Wadsworth,
and David Bristol.
Staff present included: Town Administrator, Doug Mousel; Planning Director, Mitch Humble; Business Manager, Ron Butler; Police
Chief, Kirk McFariin; and Town Secretary, Shanae Jennings.
2. Invocation and Pledge of Allegiance
Invocation was given by David Vestal of Lighthouse Christian Fellowship Church. The Pledge of Allegiance followed.
3. Announcements of dates and times of upcoming community events
PRESENTATIONS
4. Proclamation designating Friday, December 16, 2005 as "Prosper Eagles Football Team Day." (Mayor)
The proclamation for the Prosper Eagles Football team was read by the Mayor and presented by the Town Council to Prosper Head
Football coach, Coach Pease, and to the 2005 Prosper High School Football team.
Council recessed from the Town Council meeting back into a joint meeting with the Prosper EDC, which was being conducted prior
to the beginning of this meeting at approximately 6:17 p.m. During this time Mayor Pro -Tem Lisa Dritschler and David Bristol
excused themselves from the meeting for personal matters.
Council reconvened from their joint meeting with the Prosper EDC back into the regular meeting of the Prosper Town Council at
approximately 6;53 p.m.
5. Hear and discuss a presentation by Freese & Nichols regarding the Town's treated water system project and the
capital improvement program/impact fee update project and provide direction to staff regarding the design and cost of
components of the treated water system project. (DM)
Jeff Payne and Jessica Brown of Freese and Nichols briefly provided an overview regarding the costs and components of the
treated water system project that they are projected to work on with the Town.
Mayor Pro -Tem Lisa Dritschler and David Bristol returned to the Town Council meeting at approximately 7:09 p.m.
6. Consider and act on a request to adopt a Comprehensive Parks Ordinance establishing rules and regulations for
parks and recreation activities. (MH)
J.D. Woody presented the ordinance to the Council. He is a sophomore at Prosper High School and he has worked with the
Prosper Parks and Recreation board to help establish the rules and regulations for the parks and recreation activities for the Town.
Motioned by Dave Turley, seconded by Mike Wadsworth to adopt a Comprehensive Parks Ordinance establishing rules and
regulations for parks and recreation activities, with the amendment that the parks board will nominate officers for the position of
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president and vice-president and those nominations will then be brought to Council for approval, subject to staff recommendations.
Motion approved 5-0.
CONSENT AGENDA
(gems placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A
majority vote of the Council is required to remove any item for discussion and separate action. Council members may vote nay on any single item without comment
and may submit written comments as part of the official record.)
Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings: (SJ)
O November 29, 2005 Regular Meeting
PLATS
b. Consider and act upon a final plat of the Lakes of La Cima, Phase 4, being 71 lots on 31.0± acres on the west side
of La Cima Boulevard, 150± feet north of Monticello Drive (D05-31). (MH)
c. Consider and act upon a final plat of the Lakes of La Cima, Phase 5, being 136 lots on 51.5± acres on the west
side of Coit Road, 1,300± feet south of First Street (D05-32). (MH)
d. Consider and act upon a final plat of Shaddock Estates, Phase 1, being 241 lots on 101.4± acres on the east side
of Coleman Street, 1,000± feet north of Prosper Trail (D05-33). (MH)
ORDINANCES AND RESOLUTIONS
e. Consider and act upon a resolution allowing the Town of Prosper to participate in the Texas Short Term Asset
Reserve Program (TexSTAR). (RoB)
f. Consider and act upon a resolution ordering a Special Election to be held on May 13, 2006 for the purpose of a
Local Option Election to legalize the sale of mixed beverages in restaurants by food and beverage certificate holders
only. (SJ)
g. Consider and act upon an ordinance rezoning 0.9± acre on the north side of Broadway Street, 130± feet west of
McKinley Street from Single Family -15 to Downtown Commercial (Z05.11). (MH)
CONTRACTS AND AGREEMENTS
h. Consider and act upon 1) an agreement between the Town of Prosper and the Prosper Independent School
District regarding library services and 2) a resolution authorizing the Mayor to execute the same. (DM)
i. Consider and act upon 1) an agreement with the BNSF Railway Company to reconstruct and widen the existing
County Road 4 (Prosper Trail) at -grade railroad crossing and 2) a resolution authorizing the Mayor to execute the
same. (DM)
j. Consider and act upon 1) an inter -local agreement between the Town of Prosper and the Prosper Independent
School District regarding the tennis courts to be installed at Prosper High School and 2) a resolution authorizing the
Mayor to execute the same. (MH)
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k. Consider and act upon 1) an inter -local agreement between the Town of Prosper and the Prosper Independent
School District regarding a playground to be installed at the Folsom Park site and 2) a resolution authorizing the
Mayor to execute the same. (MH)
ANNEXATION AND DEVELOPMENT APPLICATIONS
I. Consider and act to accept a Petition presented by Fishtrap Properties Ltd. c/o John Dowdall (A 2005.12), and to
set dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in
the P. Barnes Survey, Abstract No. 79, Denton County, Texas, J. Gonzales Survey, Abstract No. 447, Denton County,
Texas, B.R. Hodges Survey, Abstract No. 593, Denton County, Texas, and J. Kennedy Survey, Abstract No. 1688,
Denton County, Texas, containing approximately 107.6 acres of land, and being more generally located on the
southeast comer of Fishtrap Road (First Street) and FM 1385. (SJ)
m. Consider and act to accept a Petition presented by Legacy 101 Investment Partners, Ltd. (A 2005.13), and to set
dates for two public hearings and call for a service plan for the voluntary annexation of a tract of land located in the
Collin County School Land Survey, Abstract No. 147, Collin County, Texas, containing approximately 21.72 acres of
land, and being more generally located on the southeast comer of west First Street and Legacy Drive. (SJ)
FINANCIALS
n. Consider and act upon the financial statements ending October 31, 2005. (RoB)
Mayor Pro -Tem Lisa Ddtschler requested that Council remove item 7d from the agenda because she has a conflict of interest with
the item; additionally, she has an abstention affidavit on file and indicated she would remove herself from the dais for discussions
regarding this item. Mitch Humble requested council remove items 7j and 7k. David Bristol requested that item 7i be removed from
the consent agenda.
Motioned by Kevin Drown, seconded by David Bristol to remove items 7d, 7i, 7j and 7k from the consent agenda. Motion approved
5-0.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to approve the consent agenda, subject to staff
recommendations, and less the items 7d, 7i, 7j and 7k. Motion approved 5-0.
Mayor Pro -Tem Lisa Dritschler removed herself from the dais at this time. Motioned by Mike Wadsworth, seconded by David Bristol
to approve items 7d, subject to staff recommendations. Motion approved 4-0. Mayor Pro -Tem Lisa Dritschler rejoined the Council
at this time.
Motioned by David Bristol, seconded Kevin Drown by to approve consent agenda item 7i with the correction in the document that
Bill Little's name be removed from the document and the words "Public Works Manager" be added in its place, and subject to staff
recommendations. Motion approved 5-0.
Mitch Humble stated that at the time items 7j and 7k were put into the packets, he and the school district had been unable to
discuss a couple of the main points. These items have been discussed and Mitch Humble wanted to represent the discussion that
had occurred prior to Council acting on the items.
Motioned by David Bristol, seconded by Mike Wadsworth to approve consent agenda items 7j and 7k, subject to staff
recommendations with the necessary changes made as represented by staff. Motion approved 5-0.
PUBLIC COMMENTS
(rhe 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.)
8. Comments by the Public
There were no comments by the public at tonight's meeting.
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The Mayor moved to item 15 on the agenda at this time so that the individuals who were waiting in the audience from the Parks and
Recreation Board could be excused.
REGULAR AGENDA
(If you 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. Citizens 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
9. A public hearing to consider and act on a request to rezone 8.2± acres on the west side of Coit Road, 1,800± feet
north of University Drive from Planned Development -Multifamily to Planned Development -Multifamily (Z05-16). (MH)
Kevin Drown excused himself temporarily from the meeting at approximately 7:28 p.m. for personal reasons prior to the public
hearing.
Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:31 p.m.
Michael Betty, 4516 Lovers Lane, Dallas, TX. Moreland Development — He represents the owner and is available for any questions
the Council might have.
Motioned by David Bristol, seconded by Dave Turley to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:32 p.m.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to deny the request to rezone 8.2± acres on the west
side of Coit Road, 1,800± feet north of University Drive from Planned Development -Multifamily to Planned Development -Multifamily
(Z05-16). Motion approved 4-0.
10. A public hearing to consider and act on a request to rezone 6.2+ acres on the west side of Coit Road, 1,100± feet
north of University Drive from Planned Development -Multifamily to Office (205.18). (MH)
Motioned by Mike Wadsworth, seconded by Mayor Pro -Tem Lisa Dritschler to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:40 p.m.
Michael Betty, 4516 Lovers Lane, Dallas, TX. Moreland Development — He represents the owner and is available for any questions
the Council might have.
Motioned by Dave Turley, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:41 p.m.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to approve a request to rezone 6.2± acres on the west
side of Coit Road, 1,100± feet north of University Drive from Planned Development -Multifamily to Office (Z05-18). Motion approved
4-0.
11. A public hearing to consider and act on a request to rezone 12.8± acres on the north side of University Drive, 1,250±
feet west of Coit Road from Planned Development -Multifamily to Commercial (Z05-19). (MH)
Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 4-0.
Mayor Charles Niswanger opened the public hearing at 7:43 p.m.
Michael Betty, 4516 Lovers Lane, Dallas, TX. Moreland Development — He represents the owner and is available for any questions
the Council might have.
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Terry Lowery, 11518 Leedy Road, Dallas, TX — They are the property owners on the west side of this property and they are
concerned about the zoning. He thinks that mini warehouses in this location are inappropriate unless they are tucked behind the
water tank.
Motioned by Dave Turley, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Charles Niswanger closed the public hearing at 7:49 p.m.
Motioned by David Bristol, seconded by Mike Wadsworth to approve a request to rezone 12.8± acres on the north side of University
Drive, 1,250± feet west of Coit Road from Planned Development -Multifamily to Commercial (Z05-19). Motion approved 4-0.
12. Consider and act on a preliminary plat of Prosper Commons, being 57 single family lots, two future multifamily lots,
four future commercial lots, and one future office lot on 61.5± acres on the west side of Coit Road, 1,060± feet north of
University Drive (D05.30). (MH)
Michael Betty, 4516 Lovers Lane, Dallas, TX. Moreland Development waived his right for action on the plat within 30 days of his
submittal. No action is required as a result of this request.
Council recessed at approximately 7:58 p.m.
Council reconvened from recess at approximately 8:15 p.m.
13. A public hearing to consider and act on an amendment to Zoning Ordinance No. 05.20 regarding building materials
requirements for accessory buildings (Z05.17). (MH)
Kevin Drown rejoined council at this time.
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to open the public hearing. Motion approved 5-0.
Mayor Charles Niswanger opened the public hearing at 8:20 p.m.
James Henderson, 2109 W. Yorkshire, Prosper, Tx — He lives on an acre and would like to have a wood bam. He would like to see
if there can be a case by case basis to make these types of decisions.
David Yeu,1401 Harvest Ridge Lane, Prosper, TX — He advocates that the HOA's be able to set the architectural standards
because it is the people who live next to one another in the community who are most affected.
John Curtin, 1225 Chandler Circle, Prosper, Tx. — He is in favor of being able to build metal barns.
Evelyn Yurgensen, 404 North Church, Prosper, TX — She would like to see existing communities grandfathered where they can be
built out with consistency; for example, allow communities with metal bams to finish out the subdivision with other metal barns, and
communities with brick buildings be built out with brick buildings.
Scot Lincoln, 1301 Harvest Ridge Lane, Prosper, TX — He feels the ordinance places an unneeded and unnecessary burden on
those who have not yet built bams but live in subdivisions where bams already exist.
Jenny Vallmer, 1350 Wheatland Road, Prosper, TX — She feels that the HOA's should be able to regulate the type of accessory
buildings which are built, not the Town. She is also in favor of tying lot sizes to the regulation of the building.
Emily Lewis, 1251 N. Legacy Drive, Prosper, TX — She indicated that she was on the zoning committee and that this was an issue
that was often addressed. She said that the main goal of the committee was to be fair, and that though she knows it might bring a
lot of work to the council, she agrees that an exception clause which is being proposed by staff is a fair result.
Paul Bryant, 401 7th Street, Prosper, TX — He is in favor of allowing the council to make decisions on a case by case basis.
Motioned by Dave Turley, seconded by Kevin Drown to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 8:54 p.m.
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Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Mike Wadsworth to amend Zoning Ordinance No. 05-20 regarding
building materials requirements for accessory buildings, subject to the following changes: section 76.A to 160 feet, 76.6 to 160
square feet, change the second "b" to a "c", anything greater than 160 square feet should specify that the building can be vinyl,
glass, cementatious fiberboard, or decorative metal (not including the non galvanized finish), if the wall height does not exceed 14
feet, and, three of the following must be met: three foot wainscoting, divided light windows on two sides, minimum roof pitch of 4 in
12, a copula, a side yard set -back of 20 feet, and the installation of a landscape screen with a tree of one inch caliper per every 20
feet of longest side of the building. Motion approved 5-0.
Council moved to item 17 so that the representative from IESI could go home.
DEPARTMENT ITEMS
14. Discuss the results of the Town's citizen survey. (DMJSJ)
Motioned by Dave Turley, seconded by Mike Wadsworth to table this item. Motion approved 5-0.
15. Consider and act on the appointment of a Chairperson and Vice Chairperson for the Parks & Recreation Hoard. (MH)
Motioned by Mayor Pro -Tem Lisa Dritschler, seconded by Dave Turley to appoint Trent Lewis as Chairperson and Maureen Patin
as Vice -Chairperson of the Parks and Recreation Board, as recommended by the Parks and Recreation Board. Motion approved 5-
0.
Following item 15, Council moved back to item 9.
16. Discuss and provide direction to Town staff regarding a salary and benefits study. (DM)
Motioned by Dave Turley, seconded by Mike Wadsworth to table this item. Motion approved 5-0.
17. Consider and act upon 1) an amendment to the agreement between the Town of Prosper and IESI TX Corporation
regarding solid waste collection and disposal services and 2) a resolution authorizing the Mayor to execute the same.
(DM)
Motioned by Mike Wadsworth, seconded by David Bristol to approve 1) an amendment to the agreement between the Town of
Prosper and IESI TX Corporation regarding solid waste collection and disposal services and 2) a resolution authorizing the Mayor to
execute the same, subject to staff recommendations, and direct town staff to prepare an ordinance to increase the Town's solid
waste and recycling collection rates by 60 cents and to include a monthly surcharge based on a 26 week average and a rears.
Motion approved 5-0.
Council moved back to item 14 at this time.
EXECUTIVE SESSION
18. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit: Section
551.074, Discuss the annual performance evaluation of the Town Administrator. (DM)
Motioned by Mike Wadsworth, seconded by Kevin Drown to recess into closed session in compliance with Section 551.001 et. Seq.
Texas Government Code, to wit: Section 551.074, discuss the annual performance evaluation of the Town Administrator. Motion
approved 5-0. Council recessed into executive session at approximately 10:35 p.m.
19. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by David Bristol, seconded by Mike Wadsworth to reconvene into executive session. Motion approved 5-0. Council
reconvened from executive session at approximately 10:39 p.m.
Council has elected to discuss this item at the January 24, 2005 meeting. No action was necessary as a result of the executive
session.
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20. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
21. Adjourn
Motioned by Mike Wadsworth, seconded by David Bristol to adjourn. Motion approved 5-0. The meeting was adjourned at
approximately 10:41 p.m.
Attest:
Secretary
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Charles Niswanger, Moror