10.12.2004 Town Council MinutesMinutes (approved)
Regular Meeting of the Prosper Town Council
601 South Church Street
Prosper First Baptist Church Children's Building (S. Wing)
Tuesday, October 12, 2004 6;40 p.m.
Town Of Prosper
1. Call to Order f Rall Call.
Meeting was called to order at 6:06 p.m.
Roll call was taken by the Town Secretary
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Lisa Dritschler, Ane Casady, Kevin Drown, Mike Wadsworth and
David Bristol.
Staff present included: Town Administrator, Doug Mousel; Director of Public Works, Bill little; Director of Planning, Mitch Humble; Police
Chief, Kirk McFarlin; and Town Secretary, Shanae Jennings.
Motioned by Mike Wadsworth, seconded by David Bristol to move to item 4 of the agenda. Motion approved 5-0.
2. Invocation and Pledge of Allegiance
Invocation was given by Phil Hamblin, Pastor of Rheas Mills Baptist Church. The Pledge of Allegiance followed.
CAnnouncements of dates and times of upcoming community events
re were no announcements of dates and times of upcoming community events tonight. Motioned by Mike Wadsworth, seconded l
Lisa Dritschler to move to item 14, 15 and 16 and address the issues relating to the Youth Advisory Board so that the members of the
Youth Advisory Board may be dismissed. Motion approved 5-0.
EXECUTIVE SESSION
4. Recess into Closets Session in compliance with Section 551.001 et. Seq. Texas Government Code, to wit:
Council recessed into executive session at 6:07 p.m.
Section 551.471 -- Consultation with the Town Attomey regarding a matter (s) in which the duty of the Town Attorney under
the Texas disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the open Meetings Act
regarding a:
a) Settlement offer by Fishtrap Properties in regards to the development of the proposed Glenbrook Estates
subdivision and the issuance of a Certificate of Convenience and Necessity for a portion of 'Denton County; and
There was no settlement offer presented by Fishtrap Properties; therefore, there was no discussion on this item in executive session.
Section 551.072 — Deliberations about Real Property regarding:
b) Potential sites for future municipal buildings.
c) Potential sits for a community park.
Reconvene into regular session and take any action necessary as a result of the closed session.
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Mn action was taken as a result of the executive session. Council reconvened from executive session at 7:40 p.m. Council moved back to
item 2 at this time.
CONSENT AGENDA
terns placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon
n 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.)
6. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings: (SJ)
• September 28, 2004 Regular Meeting
FINANCIALS
b. Consider and act upon the financial statements ending September 30, 2004. (AL)
Motioned by Mike Wadsworth, seconded by David Bristol to remove item 6b from the consent agenda for separate consideration, and
approve item 6a. Motion approved 5-0.
Motioned by Mike Wadsworth, seconded by Lisa Dritschler to approve the corrected consolidated budget reports as presented by the
own Administrator to the Council. Motion approved 5-0.
PUBLIC COMMENTS
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
enda. Please complete a "Public Comments Farm" and present it to the Town Secretary prior to the meeting:}
7. Comments by the Public
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 /ASSOCIATED ORDINANCES/PLATS
8. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in the
Collin County School Land Survey, Abstract No. 147, Collin County, Texas, Containing approximately 3.350 acres of land, and
being more generally located at the east side of Dallas Parkway, 1,300± feet north of Prosper Trail. (A 2004.23, Tommy Bailey)
(Si)
Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 5-0.
Mayor Charles Niswanger opened the public hearing at 7:12 p.m.
There were no comments regarding this public hearing.
[ioned by Lisa Dritschler, seconded by Kevin Drown to close tate public hearing
Yor Charles Niswanger closed the public hearing at 7:13 p.m.
5. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land loci
ated It
William H. Thomason Survey, Abstract No. 855, Collin County, Texas, containing approximately 39.307 acres of land, and being
Motion approved 5-0.
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more generally located at the north side of East First Street, 1,000± feet east of Coit Road. (A 2404-24, Swisher Partners, L.P.)
(SJ
oned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 5-0.
r Charles Niswanger opened the public hearing at 7:13 p.m.
There were no comments regarding this public hearing.
Motioned by Kevin Drown, seconded by Lisa Dritschler to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 7:13 p.m.
10. Presentation of Service Pian and First Public Hearing to consider the voluntary annexation of a tract of land located in
William H. Thomason Survey, Abstract No. 895, Collin County, Texas, containing approximately 36.05 acres of land, and being
more generally located at the east side of Coit Road, 1,500+ feet north of East First Street. (A 2004.25, DautermanfGreen) (SJ)
Motioned by Mike Wadsworth, seconded by David Bristol to open the public hearing. Motion approved 5-0.
Mayor Charles Niswanger opened the public hearing at 7:14 p.m.
There were no comments regarding this public hearing.
Motioned by Mike Wadsworth, seconded by David Bristol to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 7:14 p.m.
11, Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a tract of land located in
Larkin McCarty Survey, Abstract No. 600, Collin County, Texas, containing approximately 10.362 acres ;,f land, and being more
#9 rally located at the northwest corner of Custer Road and Prosper Traii. (A 2004-26, Walnut Grove Cemetery Association)
(<,�;I.n SAfnrlot o4k ennnnraori �.+� Daa id Bristol to open the public hionrinn Motion approvers 5-0.
Obnea4kwy %Yi1RG YM au A MY IU i, QvVV.1ed yr ". r "9
Mayor Charles Niswanger opened the public hearing at 7:16 p.m.
There were no Ci)II m CIaJ. regarding'this public hearing.
.
Motioned by Lisa Dritschler, seconded by Bevin Drown to close the public hearing. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 7:16 p.m.
AGREEMENTS
12. Consider and act upon an inter -local agreement between the Prosper Economic Development Corporation and the City of
Frisco for the provision of Geographic Information Systems (GIS) services and authorize the Economic Development Director to
execute the same. (MH)
Motioned by Lisa Dritschler, seconded by Mike Wadsworth to approve an inter -local agreement between the Prosper Economic
Development Corporation and the City of Frisco for the provision of Geographic Information Systems (GIS) services and authorize the
Economic Development Director to execute the same. Motion approved 5-0.
13. Consider and act upon a lease agreement between the Town of Prosper and Lawn Tech and resolution authorizing the
Mayor to execute the same. (DM)
Toned by Mike Wadsworth, seconded by David Bristol to approve a lease agreement between the Town of Prosper and Lawn Tech ar
olution authorizing the Mayor to execute the same subject to the Town of Prosper and Lawn Tech agreeing to payment terms not
exceed a term of more than a year, Motion approved 5-0.
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DEPARTMENT ITEMS
Consider and act upon the creation of a Youth Advisory Board. (LD)
a Dritschler gave a brief background on what the Youth Advisory Board would do. They will exist to form the Youth Town Council, at
ich time they will dissolve and no longer serve as an acting board. The Youth Town Council should be formed by March, 2005.
Motioned by Lisa Dritschler, seconded by Mike Wadsworth to create a Youth Advisory Board originally consisting of five members that will
dissolve upon the formation of the Youth Town Council. Motion approved 5-0.
15. Consider and act upon the appointment of individuals to the Youth Advisory Board and the appointment of a Council liaison
to the Board. (LD)
Motioned by Lisa Dritschler, seconded by David Bristol to appoint Sabih Shariff, Ashley Pulliam, Ryan Moore, Crystal Bump and Katy
Anselmo as the inaugural members of the Youth Advisory Board. Motion approved 5-0.
Motioned by Bevin Drown, seconded Mike Wadsworth by to appoint Lisa Dritschler as the liaison to the Youth Advisory Board. Motion
approved 5-0.
16. Administer the Oath of Office to appointed Youth Advisory Board Members. (SJ)
Town Secretary Shanae Jennings administered the Oath of Office to Sabih Shariif, Ashley Pulliam, Ryan Moore and Crystal Bump. Katy
Anselmo was unable to attend the meeting and will be sworn in at a later date by the Town Secretary.
Town Council moved back to item 6 at this time.
Consider and act upon the proposed park dedication and park improvement fee obligations for the Chapel Hill subdivision.
H)
an Mahoney, 5001 Spring Valley Road, Dallas, Tx — He is the Vice President with Henry S. Miller Development Company. They are
developing the property portrayed in the plat. He inquired as to whether or not Council would like there to be any further improvements to
the plat.
Mitch stated he is not opposed to additional landscaping and irrigation for this area, but since money is an issue he feels the finances
would be better served somewhere else.
Lisa Dritschler would like to see the irrigation go in now, because without the water what is being created now will not be maintained.
Motioned by Mike Wadsworth, seconded by David Bristol to approve the proposed park dedication and park improvement fee obligations
for the Chapel Hill subdivision, subject to the applicant and staff arriving at an agreed upon dollar amount for irrigation and the easement,
such dollar amount to be deducted from the dedication fee of $25,800, not to exceed $10,000. Motion approved 5-0.
18. Consider and act upon a resolution adopting a new Town of Prosper logo design. (SJ)
Motioned by Mike Wadsworth, seconded by Kevan Drown to approve the resolution adoption the new Town of Prosper logo design, subject
to a color being selected by Town Staff and approved by the Town Administrator. Motion approved 5-0.
19. Discuss employment projections and site selection criteria associated with the Town's Needs Assessment Study and
Facilities Master Plan. (DM)
I Callison, Principal of Perkins and Will, 6200 North Central Expressway, Dallas, TX spoke to Council and asked that they provide
dback to him regarding what they have been presented to date.
Mike Wadsworth had questions for Perkins and Will regarding the staffing projections for the Town of Prosper's population versus the
staffing levels for other cities which are similar to us in population projections. Mike Wadsworth felt the projections for Prosper's staff were
high given projected populatlons each step of the way as compared with other cities our size.
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Phil Callison pointed to the following reasons for the population and staffing level differentials for cities similar in size to Prosper, now and
future:
0 and Area — Prosper has more land area.
rowth Rate — Prosper will grow quicker than other cities and therefore development related departments are going to be more
impacted and necessary than others.
C.) Corridors and Thoroughfares — Prosper has several more major corridors and thoroughfares that will drive population, development
and other growth related issues.
D.) Contracted positions -- Other cities contract several of the positions which Prosper in#ends to hire full or part time. Therefore those
positions in other cities are not accounted for in their numbers, whereas they are accounted for in Prosper's numbers.
Lisa Dritschler asked if there was a cyclical process in terms of hiring for departments such as building inspections as the Town levels out
and development begins to slow in the future. Mr. Callison stated that one would see a potential decrease in the future, generally in both
building inspections and planning. At that point, departments such as code enforcement generally begin to increase, so it is a shifting
effect.
Lisa Dritschler focused on the fact that cities which are being compared to us are not actually being compared in all accuracy, because
those cities which contract out workers versus hiring workers throws oil the study fur Prosper and its projections. IJnn ` ong
VGIc�il U .�711U31
emphasis was placed in the fact that in the cities that are being benchmarked against Prosper, many of the departmental positions are
contracted out; therefore, those are unaccounted for positions on staff for other cities, while they are accounted for in Prosper because
they are in-house positions. Council would like for Perkins and Will to take those cities which Prosper is being compared to, have account
for the contracted positions and show all of those numbers in full so that Council can get a more realistic estimate of how we truly compare
to those other cities.
P kins and Nil's going to take the cities they have already compared to, such as Roanoke and Forney, and show the Council what
rtments are out -sourced by those cities, and how many people they hire to outsource that department; therefore, they can be more
6rately compared to what is being projected to Prosper.
20. Consider and act upon a development agreement between the Town of Prosper, PDC 380 Prosper, Ltd., and Mustang -
Midway Plano, Ltd. regarding the Lakes of La Cima property and resolution authorizing the Mayor to execute the same. (DM)
John Pappagolis, 5225 Village Creek Drive, Piano, TX — He said this agreement has changed several times, and has continued to change
as it went to the Parks and Recreation Committee as well as Council and Staff. He has faith that the major substance of the agreement
has not changed per their side or the Town's side; however, there are small things such as exhibits or verbage that do change. He hopes
that this is complete as far as attorney's are concerned, and landowners. He is fine with the agreement being tabled if Council feels more
romfortahla Innking at the final agreement in its entirety before taking action on it: however, he would like to get the four subdivisions
approved tonight.
Mike Wadsworth stated that though he has no worries about changes being made without Council seeing an agreement, in this particular
situation, because there are third parties involved, he believes Council needs to see a final agreement before approval.
Motioned by Mike Wadsworth, seconded by Bevin Drown to table this item until the agreement is fully negotiated by all parties Motion
approved 5-0.
21. Consider and act upon a request for final acceptance of La Cima Lift Station. (MH)
Motioned by Lisa Dritschler, seconded by David Bristol to approve a request for final acceptance of La Cima Lift Station. Motion approved
5-0.
Consider and act upon a request for final acceptance of La Cima Boulevard. (MH)
ioned by Mike Wadsworth, seconded by David Bristol to approve a request for final acceptance of La Cima Boulevard, subject to
confirmation of completion of a few remaining construction items as identified by the Town's consulting engineer, building permits not being
issued until the street name blades are installed, and the council's approval of the proposed development agreement for this property.
Motion approved 5-0.
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23. Consider and act upon a request for final acceptance of the Lakes of La Cima, Phase 1. (MH)
otioned by Mike Wadsworth, seconded by David Bristol to approve a request for final acceptance of the Lakes of La Cima, Phase I,
nditioned that building permits not be issued until final approval of the development agreement and until the installation of street name
lades has occurred. Motion approved 5-0.
24. Consider and act upon a request for final acceptance of the Lakes of La Cima, Phase 2. (MH)
Motioned by David Bristol, seconded by Mike Wadsworth to approve a request for final acceptance of the Lakes of La Cima, Phase 2,
conditioned that building permits not be issued until final approval of the development agreement and until the installation of street name
blades has occurred. Motion approved 5-0.
25. discuss and provide direction to staff regarding the scheduling of future Town Council meetings. (MH)
Council decided to move the November meeting that is held the fourth Tuesday of the month (11123/04) to the third Tuesday of the month
(11116104), and move the December meeting that is held the fourth Tuesday of the month (12/28104)to the third Tuesday of the month
(12121104), assuming these schedules are confirmed to work for Council, which Staff will verify.
26. Discuss the cost and timing of construction of water, sewer, and streets located to serve the Town of Prosper, present and
future. (DM)
Lisa Dritschler would like to see a workshop on these issues, versus reading a lot of material. She would like to have Travis Roberts come
and speak to the Council. Doug Mousel indicated that he is not completely sure as to what information it is that they would like him to
�Ovide. He suggested that until some other issues become clear in terms of development within in the Town, he is unsure this
nversation could even take place. Council asked the Town Administrator to get back to them when he has a more concrete idea of
tential development in specified areas.
27. Review and discuss September 2004 Activity Reports for the following departments, committees and projects:
• Administration
■ 2004 Bond Projects
• Police Department
• Fire Department
• Planning Department
• Public Works
• Inspections
• Communications
• Parks and Recreation Committee
• Prosper E.D.0
There were no comments to activity reports.
28. Discuss recent and upcoming activities of the Mayor and Town Administrator. (DM/CN)
The Mayor and the Town Administrator did not have anything to report for recent or upcoming activities.
29. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Discussion of the possibility of a Planning and Zoning Committee once the zoning committee is done.
Adjourn
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Motioned by Mike Wadsworth, seconded by Lisa Dritschler to adjourn the meeting. Motion approved 5-0. Meeting was adjourned at 9:28
p.m.
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