08.08.2006 Town Council Minutes = MINUTES
il• Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
TOWN O F Folsom Elementary School(Cafeteria)
IPTuesday, August 8, 2006 at 6:00 p.m.
1. Call to Order/Roll Call.
The 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-Tern David Bristol, Dave Turley, Lisa
Dritschler, Kevin Drown, and Mike Wadsworth.
Staff present included: Douglas Mousel, Town Administrator; Hulon Webb, Director of Development
Services; Karen Gandy, Executive Director of the Economic Development Corporation; Andrea Berry,
Economic Development Assistant; Ronnie Tucker, Fire Chief; Ron Butler, Business Manager; Kirk
McFarlin, Police Chief; Amy Lightfoot, Court Clerk; Rick Bogle, Public Works Manager; and Matthew
Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Phil Hamblin, Rhea Mills Baptist Church. Mayor Niswanger led the
Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Councilmember Dritschler informed the council the TML Legislative Update would be held August 24, 2006
in Dallas.
Councilmember Turley informed the council 1St Eye Care of Prosper would be having a ribbon cutting at
7:00 p.m. on Monday August 14, 2006.
CONSENT AGENDA
4. Consent Agenda
Motioned by Bristol, seconded by Drown to pull item c from the Consent Agenda. Motion approved 5-0.
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• July 25,Joint Town Council—Prosper Independent School District Board Meeting
• July 25,Joint Town Council—Prosper Economic Development Board Meeting
• July 25,Regular Town Council Meeting
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ORDINANCES AND RESOLUTIONS
b. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in
the George Horn Survey, Abstract Number 412, Collin County, Texas containing
approximately 65 acres of land, and being more generally on the west side of Custer Road (CR
2478), approximately 1,500± feet south of Frontier Parkway. (MD)
DEVELOPMENT PLANS
d. Consider and act upon adoption of the ordinance for the rezoning 1.991±acres of land situated
in the Collin County School Land Survey, Abstract No. 147, 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. (Z06-08) (CT)
Motioned by Wadsworth, seconded by Dritschler to approve the Consent Agenda subject to staff
recommendations. Approved 5-0.
c. Consider and act upon an ordinance modifying the Stage 3 restrictions of the Town's Drought
Contingency Plan. (DM)
Councilmember Bristol requested this item be pulled because he has some concerns with the number of times
the ordinance has been amended and how the restrictions will be enforced.
Doug Mousel, Town Administrator, discussed with council the reasons for the new restrictions and how the
Public Works Department is currently handling the enforcement of the restrictions.
Rick Bogle, Public Works Manager, discussed with council how the new restrictions will help the Town's
water supply maintain a higher level in case of emergencies.
Motioned by Wadsworth, seconded by Turley to approve the ordinance subject to staff recommendations.
Motion approved 4-1 with Councilmember Bristol voting"no."
PUBLIC COMMENTS
5. Comments by the Public
Dawn Oldfield, 41A Rhea Mills Circle, asked the council to place a moratorium on new construction because
of the drought conditions.
REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 65± acres of land located on the
west side of Custer Road 1,575± feet south of Frontier Parkway, from Single Family-15
Residential (SF-15) District to Planned Development (PD) District for Single Family-Estate
Residential(SF-E) Uses with private rural streets. (Z06-11) (CT)
Hulon Webb, Director of Development Services, gave council a background presentation 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 6:32 p.m.
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Mike Beaty, owner/developer, gave a short presentation to council on the project.
Council discussed concerns with the project because the plan has not been presented to the Parks and
Recreation Board. The council also expressed other concerns with the projects including the setbacks and
granny flats.
Motioned by Dritschler, seconded by Wadsworth to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:48 p.m.
Motioned by Dritschler, seconded by Drown to table the item until the August 22, 2006 Town Council
Meeting so the Parks and Recreation Board would have a chance to review the plan. Motion approved 5-0.
7. A public hearing to receive Impact Fee Advisory Committee Report and consider the land use
assumptions and capital improvements plan and to discuss and provide direction to Town staff
regarding the imposition of impact fees. (HW)
Council received a presentation on the impact fees from Brian Coltharp and Jeff Payne from Freese Nichols
and Aaron Nathan from Kimly Horn.
Council discussed the proposed impact fee changes with the consultants and Ray Smith, President of the
Economic Development Corporation.
Motioned by Bristol, seconded by Turley to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 7:37 p.m.
No one spoke regarding this public hearing.
Motioned by Wadsworth, seconded by Drown to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 7:38 p.m.
Motioned by Wadsworth, seconded by Bristol for staff to bring an ordinance to council at the August 22,
2006 Town Council Meeting in accordance with the Impact Fee Advisory Committee recommendations.
Motion approved 5-0.
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 127.854 acres of land, and being more generally
located south of Prosper Trail(CR 4), 1,400±feet east of Dallas Parkway.(MD)
Motioned by Dritschler, seconded by Turley to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 7:47 p.m.
David McCarver, owner representative, was present to answer question for the council.
Motioned by Wadsworth, seconded by Drown to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 7:48 p.m.
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DEPARTMENT ITEMS
9. Consider and act upon an ordinance implementing the Municipal Court Technology Fund.
(KM)
Amy Lightfoot, Court Clerk, presented council the background information on this item.
Council discussed how the fund might impact the budget.
Motioned by Drown, seconded by Bristol to approve the ordinance. Motion approved 5-0.
10. Discuss and provide direction to Town staff regarding the acquisition of two (2) properties for
future elevated storage tanks. (HW)
Doug Mousel,Town Administrator, gave council a presentation on this item.
Council discussed the locations of the proposed elevated storage tanks and any alternatives.
Council instructed staff to move forward with the First St./Craig Rd. location and Prosper Trail location.
EXECUTIVE SESSION
Council recessed into executive session at 8:18 p.m.
11. 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)
12. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 8:50 p.m.
13. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting.
Councilmember Bristol asked staff to look into eliminating the personal property tax and examine the ability
of the Town to put a Green Building Committee together for residential construction.
Councilmember Dritschler asked that staff look into creating a Water Conservation Committee.
14. Adjourn
Meeting adjourned at 8:55 p.m. %,®',,,pl,,1,,, A041PAIIIMIP P*)/8' ...`...1(‘laro. ;')„ ---, --,,,,,_,-
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