06.24.2008 Town Council Minutesh
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TOWNOF
P. S P E
1. Call to Order / Roll Call.
The meeting was called to order at 6:11 p.m.
Roll call was taken by the Town Secretary.
MINUTES
Regular Meeting of the Prosper Town Council
Prosper Middle School - Library
605 E. Seventh Street, Prosper, Texas
Tuesday, June 24, 2008 at 6:00 p.m.
Council present included: Mayor Charles Niswanger, Mayor Pro -Tem Ray Smith, Deputy Mayor Pro -Tem
Dugger, Dave Turley, Meigs Miller, and Danny Wilson.
Staff present included: Mike Land, Town Manager; Matthew Garrett, Finance Director; Hulon Webb, Director of
Development Services; Chris Copple, Senior Planner; Wade Harden, Senior Planner; Wayne Snell, Building
Official; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Mayor Pro -Tem Smith.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Dan Tolleson, Executive Director of Economic Development announced Prosper Realtor's Day at the Prosper High
School on July 17, 2008 from 10:00 a.m. to 12:00 p.m.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• June 9, 2008 — Special Town Council Meeting
• June 10, 2008 — Regular Town Council Meeting
FINANCIALS
b. Consider and act upon the financial statements ending May 31, 2008. (MG)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve the consent agenda.
Motion approved 6-0.
CITIZEN'S COMMENTS
5. Other Comments by the Public.
Marcy Couturier, 871 White River Dr., spoke in opposition to using Folsom Park as a sports complex.
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Ethan Benson, 1111 Twin Oaks Dr., spoke in opposition to using Folsom Park as a sports complex.
Jeanne Kirby, 1211 Monticello Dr., read a statement by the Lakes of LaCima in opposition to using Folsom Park as
a sports complex.
REGULAR AGENDA
DEPARTMENT ITEMS
6. Receive a presentation from Chris Blair regarding the Upper Trinity Regional Water District.
Chris Blair gave a presentation regarding the activity of the Upper Trinity Regional Water District.
7. Consider and act upon a resolution renewing the Employee Benefits package. (KG)
Karen Gill gave council background information on this item.
Motioned by Councilmember Turley, seconded by Councilmember Wilson to approve implementing a High
Deductible Health Plan with an underlying Medical Expense Reimbursement Plan.
Motion approved 6-0.
EXECUTIVE SESSION
18. Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code,
to wit:
a. Section 551.072 and Section 551.087 to deliberate regarding real property and economic
development negotiations regarding West Prosper Sewer and Legacy Drive Agreements.
b. Section 551.071 — Consultation with the Town's Attorney 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 legal issues related to
enforcement and/or application of Town ordinances, rules and/or regulations.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 6:56 p.m.
19. Reconvene into Regular Session and take any action necessary as a result of the Closed Session.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to reconvene into regular
session.
Motion approved 6-0.
Council reconvened into regular session at 7:51 p.m.
8. Consider and act upon a preliminary site plan of the Prosper Independent School District Bus Yard,
Maintenance Facility, and Small Animal Building on a 73.8± acre tract, located north of the existing
Prosper Middle School, south of the existing agriculture building. The property is zoned Single
Family -15. (D08-8). (CC)
Motioned by Councilmember Turley, seconded by Councilmember Wilson to table item 8 until the July 8, 2008
Town Council meeting.
Motion approved 6-0.
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9. Consider and act upon a site plan of the Prosper Independent School District Bus Yard, Maintenance
Facility, and Small Animal Building on a 73.81 acre tract, located north of the existing Prosper
Middle School, south of the existing agriculture building. The property is zoned Single Family -15.
(D08-18). (CC)
Motioned by Councilmember Turley, seconded by Councilmember Miller to table item 9 until the July 8, 2008
Town Council meeting.
Motion approved 6-0.
10. Consider and act upon an ordinance providing a definition, permitting regulations, a permitting fee,
and maintenance and abandonment requirements for a Wind Energy System. (WS)
Wayne Snell, Building Official, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to approve an ordinance
providing a definition, permitting regulations, a permitting fee, and maintenance and abandonment requirements for
a Wind Energy System per staff recommendations.
Motion approved 6-0.
11. Consider and act upon change order #1 to S.P.S.D., Inc., for the Folsom Park Improvements Project.
(WH)
Wade Harden, Senior Planner, gave council background information on this item.
Marcy Couturier, 871 White River Dr., spoke in opposition to the fence and the trees.
Motioned by Councilmember Turley, seconded by Councilmember Wilson to approve the item with the exception
of keeping the 10 live oak trees instead of the 10 red oak trees.
Motion approved 6-0.
12. Discuss and give an update on the Town's Personnel Policy. (ML)
Mike Land, Town Manager, gave council background information on this item.
13. Discuss and consider a resolution of support for the utilization of the Burlington Northern Santa Fe
Rail Line to connect the cities of Carrolton, Farmers Branch, Frisco, Irving, Plano and Prosper to a
regional commuter network and participate in the solicitation of consultants to prepare a business
plan. (ML)
Mike Land, Town Manager, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to approve the resolution to be
a part of the regional effort to potentially establish a regional commuter light rail system connecting Prosper to
more of the DFW Metroplex and offering the residents of Prosper additional transportation options in the future.
Motion approved 6-0.
14. Consider and act up the purchase of a mower with a 15' batwing from Landmark Equipment in the
amount of $35,000. (FJ)
Mike Land, Town Manager, gave council background information on this time.
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to approved item 14.
Motion approved 6-0.
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PUBLIC HEARINGS
15. Presentation of Service Plan and Second Public hearing to consider the voluntary annexation of
approximately 101.572 acres of land located in the A. Jamison Survey, Abst. No. 672, MEP Railroad
Survey, Abst. No. 1476, and the P. Barnes Survey, Abst. No. 76, Denton County and being more
generally located west of Gee Road and North of Hwy 380. (MD)
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Miller to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:25 p.m.
There were no comments by the public.
Motioned by Mayor Pro -Tem Smith, seconded by Deputy Mayor Pro -Tem Dugger to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 8:26 p.m.
16. A public hearing to consider and act upon a request to rezone 1.6± acres, located on the southwest
corner of First Street and Craig Road, from Downtown Single Family (DTSF) to Downtown Office
(DTO). (Z08-8). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:27 p.m.
Dave Williams, 1821 Gentle Way, spoke in favor of the proposed rezoning.
Michael Carter, 709 East 15` Street, spoke in opposition to the proposed rezoning.
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro -Tem Dugger to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 8:35 p.m.
Motioned by Mayor Pro -Tem Smith, second by Councilmember Turley to approve the request to rezone 1.6 acres,
located on the southwest corner of Fist Street and Craig Road, from Downtown Single Family to Downtown Office.
Motion approved 6-0.
17. A public hearing to consider and act upon a request to rezone 202.6± acres, located on the northwest
corner of U.S. 380 and Dallas Parkway, from Single Family -15 (SF -15) to Planned Development -
Mixed Use (PD -M). (Z07-16). (CC)
Chris Copple, Senior Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Mayor Pro -Tem Smith to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:47 p.m.
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Michael Beatty, Moreland Development, gave council a presentation on the proposed project.
George Depont, P&Z Commissioner, spoke in favor of the project.
Tom Blaney, Parks Board Member, spoke in favor of the project.
Motioned by Councilmember Miller, seconded by Mayor Pro -Tem Smith to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 9:04 p.m.
Motioned by Councilmember Miller, seconded by Deputy Mayor Pro -Tem Dugger to approve the rezone of 202.6
acres, located on the northwest corner of US 380 and Dallas Parkway, from Single Family -15 to Planned
Development -Mixed Use per the Planning and Zoning Commission recommendations.
Motion approved 6-0.
20. Discuss the program for the 126 Acre Park/PISD site.
Mike Land, Town Manager, gave council background information on this item.
Wade Harden, Senior Planner, answered questions for council.
21. Town Manager Comments.
22. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Councilmember Turley requested an item be placed on a future agenda regarding the placement of executive
session on the agenda and meeting start times.
23. Adjourn.
Motioned by Deputy Mayor Pro -Tem Dugger, seconded by Councilmember Turley to adjourn.
Motion approved 6-0.
The meeting was adjourned at 9:20 p.m.
Attest
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Matthew D. Denton, TRMC ♦ �� .'�
Town Secretary /��,' • :�'13AO
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4arles Niswanger, M 4or