05.23.2006 Town Council Minutes ® Minutes
ih Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
TOWN O F Folsom Elementary School(Community Room)
PE Tuesday, May 23, 2006 at 6:00 p.m.
1. Call to Order/Roll Call.
Meeting was called to order at 6:01 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem Lisa Dritschler, Dave Turley, Kevin
Drown, Mike Wadsworth, and David Bristol.
Staff present included: Douglas Mousel, Town Administrator; Claude Thompson, Town Planner; Kirk
McFarlin, Police Chief; Ronnie Tucker, Fire Chief; Ron Butler, Business Manager; and Matthew Denton,
Town Secretary.
2. Invocation and Pledge of Allegiance.
Invocation was given by Pastor Phil Hamblin, Rheas Mill Baptist Church. The Pledge of Allegiance
followed.
3. Announcements of dates and times of upcoming community events.
Town Administrator, Douglas Mousel introduced the new Town Secretary, Matt Denton.
EXECUTIVE SESSION
4. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit:
a) Discuss the acquisition of property located in an area bordered by Preston Road to the
west, Coit Road to the east, Frontier Parkway to the north, and Prosper Trail to the south for
an elevated water storage tank. (DM)
b) Discuss the acquisition of property located in an area bordered by Dallas Parkway to the
west, Coleman Street to the east,Prosper Trail to the south,and Frontier Parkway to the north
for a community park. (DM)
Council recessed into executive session at 6:06 p.m.
5. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened from executive session at approximately 6:33 p.m.
No action taken as a result of executive session.
CONSENT AGENDA
(Items 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.)
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6. Consent Agenda
Town Administrator Doug Mousel requested Council pull items d, e, and k for further discussion.
Motion by Mike Wadsworth, seconded by David Bristol to pull items d, e, i, and k from the consent agenda.
Motion approved 5-0.
MINUTES
a. Consider and act upon minutes from the following Council meetings. (ST)
• April 9, 2006 Regular Meeting
ORDINANCES AND RESOLUTIONS
c. Consider and act upon 1) a contract agreement between the Town of Prosper and W.R. Hodgson
regarding the construction of approximately 20,500 feet of potable water transmission pipeline and
connections to existing pipelines and appurtenances and 2) a resolution authorizing the Mayor to
execute the same. (DM)
d. Consider and act upon 1) a contract agreement between the Town of Prosper and Red River
Construction regarding the construction of a 3.0 million gallon concrete ground storage tank,
pump station, yard piping, and appurtenances and 2) a resolution authorizing the Mayor to
execute the same. (DM)
e. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in the
Elisha Chambers Survey, Abstract No. 179, Collin County, Texas, containing approximately
72.3185 acres of land, and being more generally located at the west side of Coit Road (CR 80),
2,350±feet south of Frontier Parkway(FM 1461). (ST)
DEVELOPMENT PLANS
g. Consider and act upon approval of the preliminary plat for the Prosper Creek Estates Addition,
being 77 single-family residential lots on 40.44± acres, located on the south side of Prosper Trail,
1,400±feet east of Coleman Street. (D06-8). (CT)
h. Consider and act upon approval of the site plan for Prosper Commons, being five commercial/office
lots on 19.81±acres, located in the northwest corner of U.S.Hwy 380 and Coit Road. (D06-9). (CT)
j. Consider and act upon approval of the site plan for the temporary buildings for the Administrative
Offices of the Prosper Independent School District, located at the Prosper Middle School, 605 E.
Seventh Street. (D06-11). (CT)
FINANCIALS
1. Consider and act upon the financial statements ending April 30, 2006. (RoB)
Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Kevin Drown to approve the remaining consent
agenda, subject to staff recommendations. Motion approved 5-0.
b. Consider and act upon an ordinance amending the drought contingency plan, revising lawn and
landscape irrigation restrictions and procedures for enforcing mandatory water use restrictions.
(ST)
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Town Administrator Doug Mousel informed council that staff had modified the drought contingency plan to
include a 30 day exception for new landscape.
Motioned to approve with the 30 day exception for new landscaping by David Bristol, seconded by Mike
Wadsworth. Motion approved 5-0.
f. Consider and act upon an ordinance 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 6.422 acres of land, and being more generally located on the southwest corner of
Prosper Trail(CR 4) and Coleman Street(Business 289). (ST)
Town Administrator Doug Mousel informed council the applicant has voluntarily withdrawn the application
for annexation.
Motioned to accept the withdrawal of the annexation by Kevin Drown, seconded by Dave Turley. Motion
approved 5-0.
i. Consider and act upon approval of the site plan for Humble Villas, being a single multifamily
residential lot on 20.95±acres,located on the west side of Coit Road, 1,870±feet north of U.S. Hwy
380. (D06-10). (CT)
Claude Thompson, Town Planner, presented a map to council showing the where the multi-family zoning
tracts exist in the town.
Motion to approve by Mike Wadsworth, seconded by Lisa Dritschler. Motion approved 5-0.
FINAL ACCEPTANCE
k. Consider and act upon final acceptance of the Greenspoint Phase 1 Addition, being 91 single-
family residential lots and certain common private open spaces as well as a public park on 30.311±
acres,located on the north side of First Street,800±feet east of (D05-22). (CT)
Council expressed concerns over the condition of the property and stated it did not appear to be completed to
a point where final acceptance is warranted. Aaron Richards, with the Greenspoint developer, stated the
property meets the standards set out by the city for final acceptance.
Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by Mike Wadsworth to approve item K subject to: 1)
all outstanding fees are paid by the developer; 2) all engineering requirements are met and approved by the
city's engineer; and 3) no building permits issued until these stipulations are complete. Motion approved 5-
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.)
7. Comments by the Public
There were no 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.)
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PUBLIC HEARINGS
8. A public hearing to consider and act upon a request to rezone 72.32±acres on the west side of Coit
Road, approximately 2,000±feet north of Prosper Trail, from Agriculture (A) District to Planned
Development(PD) District for Single Family residential uses, including 35.82 acres of SF-22 (Tract
1) and 36.32 acres of SF-15 (Tract 2) (Z06-5). (CT)
Motioned by Mayor Pro-Tern Lisa Dritschler, seconded by Dave Turley to open the public hearing. Motion
approved 5-0.
Mayor Charles Niswanger opened the public hearing at 7:05.
Dave Williams—Property developer, gave a brief overview of the developer's plans for the property.
Reverdy Jones, 510 Willow Ridge Circle—Expressed concern over the lot sizes.
Jeff Burandt, 1540 Gentle Way—Expressed support for the developer.
Motioned by Kevin Drown, seconded by Dave Turley to close the public hearing.Y y p eanng. Motion approved 5-0.
Mayor Charles Niswanger closed the public hearing at 7:10.
Motioned by Mayor Pro-Tem Lisa Dritschler, seconded by David Bristol to approve item 8 subject to: 1)
Section 1.1c be amended to state"wood fences"; 2)the planned development will have a height restriction of
40'; and 3) section 1.10b is changed from 1000' to 600'. Motion approved 5-0.
9. A public hearing to consider and act on a request to rezone 1,236.8±acres on the north side of U.S.
Hwy 380 between Coit Road and Custer Road, amending the 591.4± acre Brookhollow Planned
Development((PD-25) and incorporating 635.4±acres of Single Family Residential (SF-15)District
to Planned Development District for mixed uses. (Z06-1) (CT)
Claude Thompson, Town Planner, gave council an overview of the project and recommended council
approval with the removal of the retail section on the northwest corner of the property.
Motioned by Mike Wadsworth, seconded by Dave Turley to open the public hearing. Motion approved 5-0.
Mayor Charles Niswanger opened the public hearing at 7:30.
Jim William, Land Plan Development—Gave a presentation on the proposed development.
Bruce Smith, Land Plan Development—Continued presentation on the proposed development.
Bob Zollars, Engineer for Land Plan Development — Gave reasons why the retail area on the northwest
corner of the development was beneficial.
Quity Scott— Spoke in opposition to small lot sizes.
Reverdy Jones, 510 Willow Ridge Circle— Spoke in opposition to small lot sizes.
Rusty Sexton, 350 Equestrian Way— Wanted to know why he had never been contacted about the proposed
zoning change.
Jeff Burandt, 1540 Gentle Way— Spoke in opposition to small lot sizes.
Chris Bach, 2402 Crown Colony Cir.—Spoke in opposition to small lot sizes.
Motioned by Dave Turley, seconded by Kevin Drown to close the public hearing. Motion approved 5-0.,
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Mayor Charles Niswanger closed the public hearing at 8:05.
Council discussed some of the benefits and drawbacks of the proposed zoning change and development.
Motioned by Mike Wadsworth, seconded by Dave Turley to table the item until the June 27, 2006 regular
meeting. Motion approved 5-0.
Council took a short recess at 8:25 p.m.
Council reconvened from their recess at 8:41 p.m.
DEPARTMENT ITEMS
10. Consider and act upon an ordinance to receive and accept as true and correct the Canvassed voting
results for the General Election held on May 13, 2006 as presented by the Town Secretary and
hereby declare the results of the election be set forth in an ordinance and that said ordinance
should be adopted. (ST/MD)
Motioned by Dave Turley, seconded by Lisa Dritschler to adopt the ordinance. Motion passed 5-0.
11. Consider and act upon an ordinance to receive and accept as true and correct the Canvassed voting
results for the Local Option Election held on May 13, 2006 as presented by the Town Secretary
and hereby declare the results of the election to be as set forth in an ordinance and that said
ordinance should be adopted. (ST/MD)
Motioned by Mike Wadsworth, seconded by Dave Turley to adopt the ordinance. Motion passed 5-0.
12. Administer Oath to Elected Council Members. (ST/MD)
Mayor Niswanger administered the Oath of Office to Councilmembers Drown, Wadsworth, and Bristol.
13. Issuance of Certificate of Election to Elected Council Members. (ST/MD)
Town Secretary presented Councilmembers Drown,Wadsworth and Bristol their Certificates of Election.
14. Consider and act upon the appointment of a Mayor Pro-Tem and a Council liaison to the Prosper
Parks and Recreation Board. (DM)
Dave Turley nominated Dave Bristol to be Mayor Pro-Tem.
Motioned by Dave Turley; seconded by Mike Wadsworth to appoint Dave Bristol Mayor Pro-Tem. Motion
approved 4-0 with Council member Dritschler abstaining.
Mike Wadsworth nominated Lisa Dritschler to be Council liaison to the Prosper Parks and Recreation Board.
Motioned by Mike Wadsworth, seconded by David Bristol to appoint Lisa Dritschler to be Council liaison to
the Prosper Parks and Recreation Board. Motion approved 5-0.
15. Consider and act upon an ordinance regulating construction noise and prohibiting outside
construction during certain hours. (KM)
Kirk McFarlin, Police Chief, gave an overview of the proposed ordinance. Council expressed concerns
regarding the times and types of businesses that would be affected by the ordinance.
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Motioned by Mike Wadsworth, seconded by David Bristol to approve ordinance subject to: 1) All times be
changed to 7:00 p.m. to 7:00 a.m.; and, 2) "Public and private golf courses no earlier than 6:00 a.m." be
added to section 6 D. Motion approved 5-0.
16. Consider and act upon an ordinance creating procedures for utility bills, adjustments in utility
bills, and the termination/disconnection of utility services. (DM)
Doug Mousel, Town Administrator gave an overview of why this ordinance is needed. Ron Butler, Business
Manager, also gave the council background on the proposed ordinance.
Motioned by David Bristol, seconded by Dave Turley to approve subject to changing section 2. a. to include
"...disciplined in accordance with the Town Personnel Policy Manual which could lead up to termination."
Motion approved 5-0.
Councilmember Dave Turley left the meeting at 9:25 p.m.
17. Discuss and provide direction to Town staff regarding the lease of new financial and utility billing
software(DM)
Ron Butler, Town Business Manager, presented to the council why the software is needed. Mr. Butler stated
if the city starts the process for obtaining the software now, the new system can be in place by October 1,
2006.
Council instructed staff to proceed with steps to obtain the software.
18. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting.
David Bristol asked that staff research an ordinance restricting sex offenders residing in Prosper.
19. Adjourn
Motioned by Mike Wadsworth, seconded by David Bristol to adjourn. Motion approved 4-0. The meeting
was adjourned at approximately 9:25 p.m.
Attest:
17 i'f I��
.tthew D. Denton, Town Secretary Charles Niswanger,Mayor
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