08.22.2006 Town Council Minutes MINUTES
it Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
TOW N OF Folsom Elementary School (Cafeteria)
SP Tuesday, August 22, 2006, 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:12 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Dave Turley, 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; Ron Butler, Business Manager;
Kirk McFarlin, Police Chief; Claude Thompson, Town Planner; David Ledwitz, Code Enforcement Officer; and
Matthew Denton,Town Secretary.
2. Invocation and Pledge of Allegiance.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Dave Turley thanked Town's Code Enforcement Officer, David Ledwitz, for getting the dilapidated building in
the downtown area demolished.
David Bristol announced Prosperity Place would be having a fund raiser Saturday August 26th at 7:30 p.m. at the
Gentle Creek Club House.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• August 8,2006 Regular Meeting
ORDINANCES AND RESOLUTIONS
b. Consider and act upon an ordinance amending Ordinance No. 88-10 (animal control regulations)
to provide for the animal control regulations of Collin County to apply in Prosper. (DM)
DEVELOPMENT PLANS
c. Consider and act upon approval of the final plat for the Glenbrooke Estates Phase 1 Addition,
being 209 single family residential lots and certain common areas on 55.923 acres, located in the
northeast corner of U.S 380 and F.M. 1385. (D06-17) (CT)
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d. Consider and act upon approval of the amended plat for the Gentle Creek Phase 7 Addition,
being 54 single family residential lots and certain common areas on 38.209 acres, located on the
east side of Coit Road approximately 1,100 feet south of Frontier Parkway. (D06-18) (CT)
FINANCIALS
e. Consider and act upon the financial statements ending July 31, 2006. (RoB)
Motioned by Drown, seconded by Turley to approve the consent agenda subject to staff recommendations.
Motion approved 4-0.
PUBLIC COMMENTS
5. Comments by the Public
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
7. 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 Agriculture (A) District to
Planned Development (PD) District for Single Family-Estate Residential (SF-E) Uses with private
rural streets. Tabled from August 8,2006 (Z06-11) (CT)
Claude Thompson, Town Planner, gave council background information on this item.
Motioned by Wadsworth, seconded by Drown to open the public hearing.
Mayor Niswanger opened the public hearing at 6:18 p.m.
Mike Beaty, owner representative, discussed with council some of the issues presented at the August 8, 2006
Town Council Meeting.
Dave Williams, 1821 Gentle Way, spoke in favor of the project.
Rick Oldfield, 41A Rhea Mills Cr., discussed concerns with council regarding the project.
Ray Smith, 1500 Harvest Ridge, spoke in favor of the project.
Motioned by Wadsworth, seconded by Turley to close the public hearing.
Mayor Niswanger closed the public hearing at 6:28 p.m.
Council discussion focused on lot to lot draining, granny flats, and trails through the development.
Motioned by Wadsworth, seconded by Bristol to approve the zoning request with the following stipulation: The
sentence "The quarters may be leased to a non-related compensatory party for the benefit of the owner, or the
tenant of the main building." in section 2.1.10 of the Planned Development Standards be deleted.
Motioned approved 4-0.
8. A public hearing to consider and act on amendment to the Zoning Ordinance (Ordinance No. 05-
20) regarding the sale of alcohol by private clubs, restaurants and cafeterias, more specifically
Chapter 3, Section 1.4.26(Conditional Development Standards). (Z06-13) (CT)
Claude Thompson, Town Planner, gave council background information on the item.
Motioned by Turley, seconded by Bristol to open the public hearing. Motion approved 4-0.
Mayor Niswanger opened the public hearing at 6:50 p.m.
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Jeff Burandt, 1540 Gentle Way, spoke in opposition to the proposed ordinance.
Motioned by Turley, seconded by Wadsworth to close the public hearing.
Mayor Niswanger closed the pubic hearing at 6:56 p.m.
Council discussed the procedural issues involved in the proposed ordinance.
Motioned by Drown, seconded by Turley to approve the amendment. Motion approved 3-1.
Wadsworth voted"no."
9. Presentation of Service Plan and Second 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 Wadsworth, seconded by Drown to open the public hearing.
Mayor Niswanger opened the public hearing at 7:03 p.m.
Scott Lucas, 1505 Flameleaf, Allen, TX, was present to answer questions for council.
Motioned by Bristol, seconded by Turley to close the public hearing.
Mayor Niswanger closed the public hearing at 7:04 p.m.
DEPARTMENT ITEMS
10. Consider and upon an ordinance authorizing the issuance and sale of the Town's Combination
Tax and Revenue Certificates of Obligation, Series 2006, providing for the levy of taxes and the
use of water and sewer revenues to secure the payment of the Certificates, approving the
engagement of Bond Counsel,and resolving other matters pertaining thereto. (DM)
Doug Mousel,Town Administrator, gave council background information on the item.
Jason Hughes, First Southwest Company, discussed the item and answered question for council.
Dan Culver, McCall, Parkhurst& Horton, answered questions for council.
Jeff Burandt, 1540 Gentle Way, spoke against the item.
Motioned by Wadsworth, seconded by Bristol to approved an ordinance authorizing the issuance and sale of the
Town's Combination Tax and Revenue Certificates of Obligation, Series 2006, providing for the levy of taxes
and the use of water and sewer revenues to secure the payment of the Certificates, approving the engagement of
Bond Council, and resolving other matters pertaining thereto. Motion approved 4-0.
11. Consider and act upon a resolution adopting the FY 2006 certified appraisal roll. (DM)
Doug Mousel,Town Administrator, gave council background information on the item.
Motioned by Bristol, seconded by Drown to approve the resolution. Motion approved 4-0.
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12. Conduct a public hearing and consider and act upon the FY 2006-2007 Town and Prosper
Economic Development Corporation budgets. (DM)
Doug Mousel,Town Administrator, gave council background information on the item.
Motioned by Wadsworth, seconded by Turley to open the public hearing.
Mayor Niswanger opened the public hearing at 7:41 p.m.
Jeff Burandt, 1540 Gentle Way, spoke to council about the item.
Motioned by Turley, seconded by Wadsworth to close the public hearing.
Mayor Niswanger closed the public hearing at 7:44.
Councilmember Dritschler arrived at 7:54
Motioned by Bristol, seconded by Wadsworth to approved the FY 2006-2007 Town and Prosper Economic
Development Corporation budgets with the following additions: the I& S rate of 31.4268 reflects the change in
the sale of bond money, yielding a tax rate of 49.8817, and the last sentence on page 3 of 8 read"Last year, the
Town Council reduced the tax rate to 40.5385. Motion approved 5-0.
13. Consider and act upon a proposed tax rate for FY 2006-2007. (DM)
Doug Mousel, Town Administrator, gave council background information on this item.
Motioned by Dritschler, seconded by Drown to adopt the proposed tax rate of 49.8817 for FY 2006-2007.
Motion approved 5-0.
14. Consider and act upon a resolution scheduling public hearings on the Town of Prosper tax rate.
(DM)
Doug Mousel,Town Administrator, gave council background information on this item.
Motioned by Wadsworth, seconded by Drown to approved the resolution. Motion approved 5-0.
15. Consider and act upon an ordinance adopting land use assumptions and a capital improvements
plan and establishing impact fees for water,wastewater,and roadways. (HW)
Hulon Webb, Director of Development Services, gave council background on this item.
Motioned by Wadsworth, seconded by Turley to approve the ordinance. Motion approved 5-0.
16. Discuss and provide direction to Town staff regarding the status of the Town's Personal Property
Tax on vehicles leased for personal use. (DM)
Councilmember Bristol discussed with council why he asked for this item to be placed on the agenda.
Council asked staff to gather further information regarding the issue and bring in back on a future agenda.
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17. Consider and act upon a resolution ordering an election to consider a Town charter. (MD)
Matt Denton, Town Secretary, gave council background information on this item.
Motioned by Drown, seconded to Bristol to approve the resolution. Motion approved 5-0.
18. Discuss the formation of a committee to discuss the Town's role in promoting the conservation of
water and other natural resources and energy efficient construction and development. (DM)
Councilmembers Dritschler and Bristol discussed with council why they asked to have the item placed on the
agenda.
Scott Scher, 981 Woodview Drive, spoke in favor of the item and volunteered to serve on a committee.
Council agreed the items need to be discussed and implemented into the Town's ordinances.
Council directed staff to meet with Scott Scher, come up with a framework for a committee and then bring the
item back at a future council meeting.
19. Discuss and provide direction to Town staff regarding the scope of services contained in the draft
of a RFQ for a Strategic Plan for the Town of Prosper. (DM)
Doug Mousel,Town Administrator, gave council background information on this item.
Council directed staff to move forward with the RFQ.
20. Discuss the appointment of a Planning & Zoning Commission and the timing of all board and
committee appointments. (DM)
Matt Denton, Town Secretary, gave council background information on this item.
Council directed staff to move forward with appointing a Planning and Zoning Commission in September with
an October start date.
Doug Mousel, Town Administrator, advised council that staff will bring an ordinance before council in the near
future reestablishing at Planning and Zoning Commission.
21. Consider and act upon an ordinance establishing regulations for the discharge of firearms in
Prosper and its extraterritorial jurisdiction. (KM)
Kirk McFarlin, Police Chief, gave council background information on this item.
Council discussed the issues of BB guns, bow and arrows, and other air pressure type guns.
Motioned by Dritschler, seconded by Wadsworth to approve the ordinance with the following change:
Removed `BB gun, pellet gun, bow and arrow and all other weapons using air pressure to propel a projectile"
from Section 2. D. Motion approved 5-0.
Council asked Chief McFarlin to readdress by ordinance at a future council meeting the issues discussed issues
regarding BB guns,bows and arrows, and other air guns.
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22. Discuss and provide direction to Town staff regarding a proposal from Pate Transportation
Partners, L.P. to provide project development services for the development and delivery of
improvements to S.H. 289 (Preston Road) from U.S. 380 to F.M. 1461 (Frontier Parkway) and the
grade separated crossing at the intersection of S.H. 289 (Preston Road) and U.S. 380. (DM)
Doug Mousel, Town Administrator, gave council background information on this item.
Motioned by Wadsworth, seconded by Dritschler to enter into an agreement with PTP for PTP to provide the
described services for the project and that the EDC will fund the Phase 1 fee, Town staff will negotiate and
prepare a contract for Town Council consideration with PTP to proved project development services for the
development and delivery of improvements to S.H. 289 (Preston Road) from U.S. 380 to F.M. 1461 (Frontier
Parkway) and the grade separated crossing at the intersection of S.H. 289 (Preston Road) and U.S. 380. Motion
approved 5-0.
EXECUTIVE SESSION
Council did not recess into executive session.
23. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit Section 551.087: 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)
24. Reconvene into regular session and take any action necessary as a result of the closed session.
25. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting.
26. Adjourn
Motioned by Dritschler, seconded by Turley to adjourn. Motion approved 5-0.
Mayor Nis. .s!,- adjourned the meeting at 9:27 p.m.
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