07.11.2006 Town Council Minutes MINUTES
Regular Meeting of the Prosper Town Council
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Somerville Drive, Prosper, Texas
F Folsom Elementary School (Community Room)
" Tuesday, July 11, 2006 at 6:00 p.m.
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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-Tern David Bristol, David Turley, Lisa
Dritschler, Kevin Drown, 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; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by David Benefield, Lighthouse Christian Fellowship of Prosper. The pledge of
allegiance followed.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger commended the Fire Department for their efforts putting out a fire on Saturday, July 8, 2006.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• June 27, 2006 Regular Meeting
• July 5, 2006 Budget Work Session
ORDINANCES AND RESOLUTIONS
b. Consider and act upon an ordinance modifying the Stage 3 restrictions of the Town's Drought
Contingency Plan. (DM)
c. Consider and act upon an ordinance for 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)
d. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in the
William H. Thomason land survey, abstract no. 895, Collin County, Texas, containing
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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)
e. Consider and act upon an ordinance for 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 9.973 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)
f. Consider and act upon an ordinance for 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)
g. Consider and act upon an ordinance for 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)
h. Consider and act upon an ordinance for 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)
Consider and act upon an ordinance for 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)
j. Consider and act upon an ordinance for 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)
DEVELOPMENT PLANS
k. Consider and act upon approval of the preliminary plat for the Whispering Meadows Addition,
being seventy-five single family residential lots on 72.318± acres, located on the west side of Coit
Road, 2,000±feet north of Prosper Trail. (D06-13) Tabled from June 13, 2006 (CT)
1. 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) Tabled from June 27,2006 (CT)
m. 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) Tabled from June 27, 2006 (CT)
n. Consider and act upon adoption of the ordinance for the rezoning of 1,218.6± acres on the north
side of U.S. Hwy 380 between Coit Road and Custer Road, amending the 591.4±acre Brookhollow
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Planned Development (PD-25) and incorporating 627.2± acres of Single Family Residential (SF-
15) District to Planned Development District for mixed uses. (Z06-1) (CT)
ANNEXATION PETITIONS
o. Consider and act to accept a petition presented by Prosper Church Land L.P. 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, containing approximately 127.845
acres of land, and being more generally located South of Prosper Trail, (CR 4), 1,400±feet east of
Dallas Parkway (CR 27). (MD)
Motioned by Dritschler, seconded by Wadsworth to approve the consent agenda subject to staff
recommendations. Approved 5-0.
PUBLIC COMMENTS
5. Comments by the Public
There were no comments by the public.
REGULAR AGENDA
DEPARTMENT ITEMS
6. Discuss the types of financing options available to the Town and the expenditures to potentially be
funded by the issuance of bonds and provide direction to Town staff regarding the
commencement of the bond issuance process. (DM)
Doug Mousel, Town Administrator, gave council a short presentation on what bonds the Town has sold in the
past and what was done with the money from those bonds.
Jason Hughes, First Southwest Company, gave council a presentation on the various options for the sale of
bonds and how the amount sold will affect the tax rate.
7. Consider and provide direction to staff concerning amendments to the Comprehensive Plan and
Zoning Ordinance relating to land use patterns and zoning districts within the Old Town Core
District. (CT)
Claude Thompson, Town Planner, gave council a presentation on the way the downtown section of Prosper is
zoned and what options exist for rezoning.
Council discussed the different options for zoning and discussed having a work session in the future to further
discuss the issue.
PUBLIC HEARINGS
8. A public hearing to consider and act on a request to rezone Lots 4 and 5 of Block 4 of Bryant's
No. 1 Addition. Being 0.161±acre of land located at 113 W. Broadway Street, from Single Family-
15 Residential (SF-15) District to Downtown Office (DTO) District. (Z06-6) (CT)
Claude Thompson, Town Planner, gave council background information on this item.
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Motioned by Dritschler, seconded by Turley to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 6:54 p.m.
No one spoke regarding the public hearing.
Motioned by Dritschler, seconded by Turley to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:55 p.m.
Motioned by Dritschler, seconded by Wadsworth to approve the request to rezone. Motion approved 5-0.
9. A public hearing to consider and act on a request to rezone 1.991± acres of land located on the
east side of Coleman Street 250± feet north of Seventh Street, from Single Family-15 Residential
(SF-15) District to Retail (R) District. (Z06-8) (CT)
Claude Thompson, Town Planner, gave council background information on this item.
Motioned by Dritschler, seconded by Bristol to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 7:10 p.m.
Tom Jones, 12655 N. Central #1016 Dallas TX 75243,gave council a brief presentation on the proposed use of
the site if the zoning request is approved.
Lloyd Rucker, 110 E. Seventh, spoke in opposition to the proposed zoning request.
Motioned by Wadsworth, seconded by Turley to close the public hearing.
Mayor Niswanger closed the public hearing at 7:22 p.m.
Council discussed with staff some difficulties notifying adjacent property owners of proposed zoning change.
Motioned by Wadsworth, seconded by Drown to table the request to rezone until the July 25, 2006 Town
Council Meeting with the following requirement: staff will re-notify all adjacent land owners of the proposed
zoning change. Motion approved 5-0.
10. A public hearing to consider and act on a request to rezone 0.915± acre of land located at 407 S.
Coleman Street, being a part of Lot 30 of the Collin County School Land Survey, Abstract No.
147, from Single Family-15 Residential (SF-15) District to Office (0) District. (Z06-10) (CT)
Claude Thompson, Town Planner, gave council background information on this item.
Motioned by Dritschler, seconded by Turley to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 7:34 p.m.
Jim Chambers, owner representative, gave council a short presentation on what the property would be used for if
the rezoning were to be approved.
Phyllis James, 505 Coleman, spoke in opposition to the request to rezone.
Motioned by Wadsworth, seconded by Drown to close the public hearing. Motion approved 5-0.
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Mayor Niswanger closed the public hearing at 7:42.
Council discussed the proposed zoning change and how it affects the surrounding areas. Council also discussed
how the proposed zoning fit into the long term plans for the zoning of the adjacent areas.
Motioned by Wadsworth, seconded by Turley to deny the request to rezone.
Mayor Niswanger called for a short recess at 7:54 p.m.
Mayor Niswanger called the meeting back to order at 8:03 p.m.
Mayor Niswanger abstained from any further discussion because he owns property that is adjacent to the
property to be rezoned.
The motion on the table to deny the request to rezone was approved 5-0.
11. A public hearing to consider and act on a request for a specific use permit for mini-
warehouse/public storage use on 4.83± acre of land located on the south side of Richland
Boulevard 100±feet west of Coit Road. (S06-2) Tabled from June 13, 2006 (CT)
Claude Thompson, Town Planner, gave council background information on this item.
Motioned by Turley, seconded by Bristol to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 8:07 p.m.
Michael Beaty spoke in favor of the project.
Motioned by Wadsworth, seconded by Drown to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 8:08 p.m.
Motioned by Turley to deny the request for SUP. Motioned died due to the lack of a second.
Motioned by Drown, seconded by Dritschler to approved the request for SUP. Motion approved 4-1.
Councilmember Turley voted "No."
12. A public hearing to consider and act on a request to rezone 98.049± acres of land located in the
northwest corner of Preston Road and Prosper Trail, from Single Family-15 Residential (SF-15)
District to Planned Development (PD) District for Single Family-15 Residential (83.1 acres) and
Mixed Use Nonresidential (15 acres) Uses. (Z06-9) (CT)
Claude Thompson, Town Planner, gave council background information on this item.
Motioned by Wadsworth, seconded by Turley to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 8:11 p.m.
Brand Brand, a representative of the property developer,gave the council a short overview of the project.
Cleburne Smith, a representative of the property developer, also gave council a short overview of the proposed
project.
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Marty Brown, a representative of the property developer, gave council a detailed presentation of the proposed
project.
David Benefield, 25 B Grindstone Drive, spoke in support of the project.
Kenny Thacker, 810 Trail Drive, spoke in support of the project.
Tony Elenburg, 801 Sibyl Lane, spoke in support of the project.
David Vestal, 1410 Amistad Drive, spoke in support of the project.
Motioned by Dritschler, seconded by Turley to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 8:44 p.m.
Council discussed the project and specifically the commercial part of the proposal. Council also discussed the
proposed trails around the development.
Motioned by Dritschler, seconded by Wadsworth to approve the request to rezone with the following stipulation:
Section 2.12 of Exhibit C will show that the developer will complete the trail system in the pipeline area.
Motion approved 5-0.
13. A public hearing to provide the Town's water customers with an opportunity for public input
regarding the Town's 2005 Drinking Water Quality (Consumer Confidence) Report and
associated discussion. (DM)
Doug Mousel, Town Administrator,gave council background information on this item.
Motioned by Turley, seconded by Bristol to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 9:09 p.m.
No one spoke regarding the public hearing.
Motioned by Drown, seconded by Turley to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 9:10 p.m.
14. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of a
tract of land located in the George Horn Land Survey, Abstract No. 412, Collin County, Texas,
containing approximately 65 acres of land, and being more generally located west of Coit Road
(CR 80), 1,500±feet south of Frontier Parkway. (MD)
Motioned by Wadsworth, seconded by Drown to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 9:11 p.m.
No one spoke regarding the public hearing.
Motioned by Wadsworth, seconded by Drown to close the public hearing.
Mayor Niswanger closed the public hearing at 9:12.
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EXECUTIVE SESSION
Council recessed into executive session at 9:13 p.m.
15. 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)
16. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at approximately 9:48 p.m.
No action taken as a result of executive session.
17. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Councilmember Dritschler asked that staff look at bringing forward information on the future construction plans
for Prosper Trail between Coleman and Preston. Specifically, looking at the size of the road and the use of
traffic control devices. Ms. Dritschler also would like to see a comparison between the Land Use Plan and the
Zoning Map.
Councilmember Wadsworth asked for an action item on the August 8th Council agenda to approve reinstating
the Planning and Zoning Commission effective October 1, 2006. Notices for applications will be sent out in
August for September appointments.
18. Adjourn
Meeting was adjourned at approximately 9:54 p.m.
ATTEST:
atthew D. Denton, Town Secretary Charles Niswanger, Mayor
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