06.27.2006 Town Council Minutes MINUTES
Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper,Texas
TOWN OF Folsom Elementary School(Community Room)
r �) spER Tuesday,June 27, 2006 at 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:05 p.m.
Roll call was taken by the Town Secretary
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, David Turley, Lisa
Dritschler and Mike Wadsworth.
Staff present included: Douglas Mousel, Town Administrator; Claude Thompson, Town Planner, Hulon Webb,
Director of Development Services; Karen Gandy, Executive Director of the Economic Development
Corporation; Rick Bogle, Public Works Manager; Ron Butler, Business Manager; Kirk McFarlin, Police Chief;
Ronnie Tucker, Fire Chief; David Ledwitz, Code Enforcement; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Warren Samuels, First Baptist Church of Prosper. The pledge of allegiance
followed.
3. Announcements of dates and times of upcoming community events.
Councilmember Mike Wadsworth announced that Karen Gandy would be graduating from the North Texas
Leadership Class on June 28, 2006 at the Party Barn in Anna.
CONSENT AGENDA
4. Consent Agenda
Councilmember Lisa Dritschler requested Council pull items f and g from the Consent Agenda for further
discussion.
Motioned by Dritschler, seconded by David Bristol to pull items f and g from the Consent Agenda. Motion
approved 4-0.
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• June 13,2006 Regular Meeting
• June 13, 2006 Joint Meeting between Parks and Recreation Board and Town Council
ORDINANCES AND RESOLUTIONS
b. Consider and act upon 1) an Interlocal Agreement between the Town of Prosper and the Collin
County Sheriffs Office to provide Law Enforcement services for special crimes where the victim
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is less than 17 years of age and 2) a resolution authorizing the Mayor to execute the agreement.
(KM)
c. Consider and act upon a resolution authorizing the Mayor to call a public hearing to consider the
land use assumptions and capital improvements plan and to discuss the imposition of impact fees.
(DM)
d. Consider and act upon 1) an agreement with STW Inc. regarding the lease of utility and financial
software and 2) a resolution of the Town Council authorizing the mayor to execute a lease
agreement for the same. (RoB)
e. Consider and act upon a resolution authorizing the Town Administrator to submit an application
to the Collin County Parks and Open Space Project Funding Assistance Program for partial
funding toward the acquisition of land for the Joint Use Recreational Complex for the Town and
PISD. (CT)
DEVELOPMENT PLANS
f. Consider and act upon adoption of the ordinance for the rezoning of 117.652±acres,located in the
northeast corner of Coit Road and First Street, including amendment of the 88.5± acre
Collinsbrook Planned Development (PD-18) to include an additional 28.1± acres zoned
Agriculture (A) District to Planned Development(PD) District for Single Family Residential Uses.
(Z06-7) (CT)
FINANCIALS
i. Consider and act upon the financial statements ending May 31,2006. (RoB)
Motioned by Mike Wadsworth, seconded by Dave Turley to approve the remaining Consent Agenda
items, subject to staff recommendations. Motion approved 4-0.
g. Consider and act upon approval of the final plat for The Estates of Greenspoint Addition, being
eight single family residential lots and certain common areas on 12.720±acres, located on the east
side of Coit Road, 1,900±feet north of First Street. (D06-16) (CT)
Motioned by Lisa Dritschler, seconded by David Bristol to table until the July 11, 2006 Town Council Meeting.
Motion approved 4-0.
h. Consider and act upon approval of the amended preliminary plat for the Glenbrooke Estates
Addition, being 399 single family residential lots and certain common areas on 104.454± acres,
located in the southeast corner of F.M. 1385 and Fishtrap Road. (D06-14) (CT)
Motioned by Lisa Dritschler, seconded by Mike Wadsworth to table until the July 11, 2006 Town Council
Meeting. Motion approved 4-0.
PUBLIC COMMENTS
5. Comments by the Public
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
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6. A public hearing to consider and act on a request to rezone 1,236.8± acres, located 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 zoned Single Family Residential
(SF-15) District to Planned Development (PD) District for Mixed Uses. Tabled from the 5/23/06
TC Meeting. (Z06-1) (CT)
Claude Thompson, Town Planner, gave council background information on this item.
Motioned by Dave Turley, seconded by David Bristol to open the public hearing. Motion approved 4-0.
Mayor Niswanger opened the public hearing at 6:28 p.m.
Jim Williams, LandPlan Inc., spoke with the council about the project. Mr. Williams and the council discussed
how the project would best conform to the needs of the Town.
Reverdy Jones, 510 Willowridge Circle, spoke in opposition to the small lot sizes and apartments.
Quirt Scott, 951 Willowmist Drive, spoke in opposition to the small lot sizes and five to ten year build out plans.
Vincent(Jim) Damiano, 3550 N. Custer Road, spoke in opposition to the project.
Rusty Sexton, 350 Equstrian Way, had questions about the development conforming to the Town's Land Use
Plan.
Rick Oldfield, 41A Rhea Mills Drive, spoke in opposition to the high density.
Dawn Oldfield, 41A Rhea Mills Drive, spoke in opposition to the project.
Karen Newton, 8896 CR 853, spoke in opposition to the project.
Council discussed at length with Mr. Williams various compromises to the original plans for the development.
Motioned by Mike Wadsworth, seconded by Dave Turley to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 7:10 p.m.
Mayor Niswanger called a recess at 7:40 p.m.
Mayor Niswanger called the meeting back to order at 7:55 p.m.
Motioned by Lisa Dritschler, seconded by Mike Wadsworth to approve the request for rezoning of 1218.6 acres,
amending the 591.4 acre Brookhollow Planned Development (PD-25) and incorporating 627.2 acres zoned
single family residential (SF-15) with the following stipulations: 1) The town homes in the new phase are
limited to 150 units. 2) The 150 town homes must be placed immediately north of and adjacent to the
commercial tract. 3)The number of 7,000 square foot lots are limited to 450 for the total development. Motion
approved 4-0.
7. A public hearing to consider and act on a request to replat Lots 1 and 1X, Block B of the Willow
Ridge Phase One Addition, being one single family residential lot and one open space and
drainage easement, located in the northwest corner of Willowgate Drive and Willow Ridge Drive,
on the south side of First Street 500±feet east of Preston Road. (D06-15) (CT)
Cluade Thompson, Town Planner, gave council background on this item. Mr. Thompson explained to council
that, by law,the item must be passed since it does not require any variances.
Motion by Lisa Dritschler, seconded by Dave Turley to open the public hearing. Motion approved 4-0.
Mayor Niswanger opened the public hearing at 8:04 p.m.
Phil Jobe, the owner of the property, spoke to council about why the property needs to be replatted.
Rocky Reynolds, 731 Willowmist Dr, spoke in opposition to the project.
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Quirt Scott, 451 Willowmist Drive, spoke in favor of the project.
Reverdy Jones, 510 Willowridge Cr., spoke in favor of the project.
Thomas Clark, 14395 CR 58, spoke in favor of the project.
Jill Sentlingar and Pat Sentlingar, 741 Kidwa Ct., spoke in favor of the project.
Evelyn Ting, 581 Rock Hill Road, spoke in favor of the project.
Phil Benning, 400 Willow Drive, spoke in opposition of the project.
Troy Brock, spoke in opposition of the project.
Motioned by Lisa Dritschler, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 8:30 p.m.
Motioned by Lisa Dritschler, seconded by Dave Turley to approve the replat. Motion approved 4-0.
8. Presentation of Service Plan and Second Public Hearing to consider the voluntary annexation of a
tract of land located in the William H. Thomason land survey, abstract no. 895, Collin County,
Texas, containing approximately 4.021 acres of land, and being more generally located 1,400 feet
east of Coit Road(CR 80), 2,050±feet north of east first street. (MD)
Motioned by Dave Turley, seconded by Lisa Dritschler to open the public hearing. Motion approved 4-0.
Mayer Niswanger opened the public hearing at 8:37 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by Dave Turley, seconded by Lisa Dritschler to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 8:38 p.m.
9. Presentation of Service Plan and Second Public Hearing to consider the voluntary annexation of a
tract of land located in the William H. Thomason land survey, abstract no. 895, Collin County,
Texas, containing approximately 25.029 acres of land, and being more generally located on the
east side of Coit Road(CR 80), approximately 1,300±feet north of east of first street. (MD)
Motioned by Lisa Dritschler, seconded by David Bristol to open the public hearing. Motion approved 4-0.
Mayer Niswanger opened the public hearing at 8:38 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by Lisa Dritschler, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 8:39 p.m.
10. Presentation of Service Plan and Second Public Hearing to consider the voluntary annexation of a
tract of land located in the Larkin McCarty land survey, abstract no. 600, Collin County, Texas,
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and the Jeremiah Horn land survey, abstract no. 411, Collin County, Texas containing
approximately 9.973 acres of land, and being more generally on the south side of First Street (CR
79), approximately 4,400±feet west of Custer Road. (MD)
Motioned by David Bristol, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0.
Mayer Niswanger opened the public hearing at 8:40 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by David Bristol, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 8:41 p.m.
11. Presentation of Service Plan and Second Public Hearing to consider the voluntary annexation of a
tract of land located in the Jeremiah Horn land survey, abstract no. 411, Collin County, Texas,
and the Larkin McCarty land survey, abstract no. 600, Collin County, Texas containing
approximately 14.774 acres of land, and being more generally located on the south side of east
First Street(CR 79), approximately 4,900±feet west of Custer Road. (MD)
Motioned by Mike Wadsworth, seconded by Dave Turley to open the public hearing. Motion approved 4-0.
Mayer Niswanger opened the public hearing at 8:41 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by Mike Wadsworth, seconded by Dave Turley to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 8:42 p.m.
12. Presentation of Service Plan and Second Public Hearing to consider the voluntary annexation of a
tract of land located in the Jeremiah Horn land survey, abstract no. 411, Collin County, Texas
containing approximately 8.815 acres of land, and being more generally 950 feet south of First
Street(CR 79), approximately 4,400±feet west of Custer Road. (MD)
Motioned by Dave Turley, seconded by Lisa Dritschler to open the public hearing. Motion approved 4-0.
Mayer Niswanger opened the public hearing at 8:42 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by Dave Turley, seconded by Lisa Dritschler to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 8:43 p.m.
13. Presentation of Service Plan and Second Public Hearing to consider the voluntary annexation of a
tract of land located in the Larkin McCarty land survey, abstract no. 600, Collin County, Texas,
and the Jeremiah Horn land survey, abstract no. 411, Collin County, Texas containing
approximately 9.989 acres of land, and being more generally on the south side of First Street (CR
79),approximately 3,950±feet west of Custer Road.(MD)
Motioned by Lisa Dritschler, seconded by David Bristol to open the public hearing. Motion approved 4-0.
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Mayer Niswanger opened the public hearing at 8:43 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by Lisa Dritschler, seconded by David Bristol to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 8:44 p.m.
14. Presentation of Service Plan and Second Public Hearing to consider the voluntary annexation of a
tract of land located in the William H. Thomason land survey, abstract no. 895, Collin County,
Texas containing approximately 23.74 acres of land, and being more generally on the north side of
First Street(CR 79), approximately 1,650±feet east of Coit Road. (MD)
Motioned by David Bristol, seconded by Mike Wadsworth to open the public hearing. Motion approved 4-0.
Mayer Niswanger opened the public hearing at 8:44 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by David Bristol, seconded by Mike Wadsworth to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 8:45 p.m.
15. Presentation of Service Plan and Second Public Hearing to consider the voluntary annexation of a
tract of land located in the Spencer Graham land survey, abstract no. 359, Collin County, Texas
containing approximately 138.8 acres of land, and being more generally on the north side of First
Street(CR 79),approximately 2,650±feet east of Coit Road. (MD)
Motioned by Mike Wadsworth, seconded by Dave Turley to open the public hearing. Motion approved 4-0.
Mayer Niswanger opened the public hearing at 8:45 p.m.
No one spoke regarding this public hearing. No action was necessary as a result of the public hearing.
Motioned by Mike Wadsworth, seconded by Dave Turley to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 8:46 p.m.
DEPARTMENT ITEMS
16. Consider and act upon and ordinance preventing persons who are required to register as sex
offenders,where the victim is a child under sixteen years of age,from acquiring a residence within
1000 feet of areas where children gather. (KM)
Kirk McFarlin, Police Chief, gave the council background information on this ordinance.
Reverdy Jones, 510 Willowridge Cr., spoke in opposition to some of the state sex offender laws.
Scott Scher, 1090 Broken Bend, spoke regarding enforcement of the ordinance.
Rudy Guerrero, spoke regarding enforcement of the ordinance.
Council discussed the issues of defining places where children gather and enforcement.
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Motioned by Mike Wadsworth, seconded by Dave Turley to approve the ordinance. Motion passed 4-0.
17. Discuss and provide direction to Town staff regarding the Town's water restrictions and
associated enforcement efforts. (DM)
Doug Mousel, Town Administrator, gave council an overview of the water restrictions and the current situation
of the enforcement efforts.
Town Council discussed with Town staff the issues surrounding the water shortages and the best way to deal
with the situation.
Staff will continue to enforce the Stage 3 water restrictions in and effort to keep from having to escalate to Stage
4 restrictions.
EXECUTIVE SESSION
Council recessed into executive session at 10:04 p.m.
18. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit Section 551.087:
a) Deliberations regarding commercial or financial information that the Town Council and
Prosper Economic Development Corporation have received from business prospects that
the Town Council and Prosper Economic Development Corporation seek to have locate,
stay, or expand in the Town and with which the Town Council and Prosper Economic
Development Corporation are conducting economic development negotiations. (KG)
19. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened from executive session at approximately 10:26 p.m.
No action taken as a result of executive session.
20. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting.
Councilmember Dritschler asked that staff look into the sex offender ordinance and work with legal council to
see if some of the issues can be resolved and the ordinance brought back before council for amending.
21. Adjourn
Motioned by Dave Turley, seconded by Lisa Dritschler to adjourn. Motion approved 4-0. The meeting was
adjourned at approximately 10:28 p.m.
Attest:
iii)ffv'A,, igP:f
atthew n oQ FfoR , cr ry Charles Niswanger,Mayor
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