10.24.2006 Town Council Minutes P MINUTES
Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
T ) W i` C1 F Folsom Elementary School(Cafeteria)
Lie S IP J Tuesday, October 24, 2006 6:00 p.m.
1. Call to Order/Roll Call.
The 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-Tern David Bristol, Dave Turley, Kevin
Drown, and Mike Wadsworth. Councilmember Dritschler is attending the TML conference in Austin.
Staff present included: Douglas Mousel, Town Administrator; Hulon Webb, Director of Development Services;
Claude Thompson, Town Planner; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Phil Hamblin, Rheas Mill Baptist Church.
Mayor Niswanger led the Pledge of Allegiance.
I3. Announcements of dates and times of upcoming community events.
Doug Mousel, Town Administrator, gave information on the Health and Safety Fair being held Saturday,
October 28, 2006 and announced that early voting has started for the November 7, 2006 Charter Election. Mr.
Mousel also informed the council that he, Lisa Dritschler, David Bristol and Hulon Webb would be attending
the TML Annual Conference in Austin October 25-27, 2006.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings.(MD)
• October 10,2006 Regular Meeting
• October 16,2006 Joint Meeting of the Prosper Town Council and Prosper Independent School
District Board
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
c. Consider and act upon a resolution authorizing the mayor to execute an engagement letter from
Pingleton,Howard,& Company,P.C.for audit services. (DM)
d. Consider and act upon 1) an interlocal agreement between Collin County and the Town of
Prosper regarding the acquisition of land for a multi-use recreational complex in Prosper and
2) a resolution authorizing the mayor the execute the same. (DM)
Page 1 of 5
DEVELOPMENT PLANS
e. Consider and act upon approval of the Preliminary Plat for the Christie Farms, being 48 single
family residential lots on 64.44± acres of land situated in the George Horn Survey, Abstract
No. 412, located on the west side of Custer Road (F.M. 2478) 1,575± feet south of Frontier
Parkway(F.M. 1461). (D06-26) (CT)
f. Consider and act upon an ordinance for the rezoning of 127.829± acres of land situated in the
Collin County School Land Survey, Abstract No. 147, located on the south side of Prosper Trail
(C.R. 4) 1,400± feet east of Dallas Parkway (C.R. 27), from Agriculture (A) District to
Planned Development (PD) District for church-related uses. (Z06-12) (CT)
Councilmember Bristol requested items 4b and 4g be pulled from the consent agenda.
Motioned by Bristol, seconded by Turley to pull items 4b and 4g from the consent agenda.
Motion approved 4-0.
Motioned by Wadsworth, seconded by Drown to approve the remaining consent agenda subject to staff -
recommendations. Motion approved 4-0.
b. Consider and act upon a resolution authorizing the Mayor to enter into a letter agreement to
compensate Mooreland Fund III 380 Office Comm, LP., $477,850 for the construction of a 20"
water line in Coit Road from US 380 to First Street. (HW)
Council discussed where the money was coming from for this project. Doug Mousel, Town Administrator,
informed the council that bond money will be used to fund this project.
Motioned by Bristol, seconded by Wadsworth to approve the resolution. Motion approved 4-0.
FINANCIALS
g. Consider and act upon the financial statements ending September 30,2006. (RoB)
Councilmember Bristol requested this item be pulled to discuss the current sales taxes.
Councilmember Bristol stated the sales tax has been down the past few months and the Town has done
a good job of being cautious with expenditures.
Motioned by Bristol, seconded by Wadsworth to approve the financial statements.
Motion approved 4-0.
PUBLIC COMMENTS
5. Comments by the Public
There were no comments by the public.
REGULAR AGENDA
PRESENTATIONS
6. A presentation by Collin County Commissioner Joe Jaynes regarding a grant in conjunction
with the Project Funding Assistance Program.
Page 2 of 5
Collin County Commissioner Joe Jaynes presented the Town with a grant check for $500,000 for a joint park
with the Prosper Independent School District.
PUBLIC HEARINGS
7. A public hearing to consider and act upon a request to rezone 255.86± acres of land located in
the northwest corner of First Street (C.R. 3) and Dallas Parkway (C.R. 27), being Tracts
125.58, 120.43 and 10.03 of the Collin County School Land Survey,Abstract No. 147,from Single
Family-15 Residential (SF-15) District to Mixed Uses including 58.5 acres of Single Family-12.5
Residential (SF-12.5) District, 79.31 acres of Single Family-10 Residential (SF-10) District, 28.2
acres of Multifamily Residential (MF) District, 23.79 acres of Office (0) District, 12.85 acres of
Neighborhood Services (NS) District, and 53.2 acres of Commercial Corridor (CC) District.
(Z06-16) Tabled from October 10,2006 (CT)
Claude Thompson, Town Planner, gave council background information on this item. Thompson informed the
council the applicant had changed the requested zonings to reflect direction given by the council at the October
10, 2006 Town Council Meeting.
The public hearing was continued from the October 10, 2006 meeting at 6:29 p.m.
Scott Norris, owner/developer, gave council a presentation on the plans for the property and answered questions.
Motioned by Wadsworth, seconded by Turley to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 6:40 p.m.
Motioned by Wadsworth, seconded by Turley to approve the zoning request as submitted by the applicant and
direct staff to modify the Thoroughfare Plan and bring back to council a Thoroughfare Plan to reflect the
change. Motion approved 3-1 with councilmember Bristol voting"no".
8. A public hearing to consider and act upon a request to rezone 71.914± acres of land located in
the northeast corner of Dallas Parkway(C.R. 27) and Prosper Trail(C.R.4), being Tracts 19.27,
33.3868 and 19.257 of the Collin County School Land Survey, Abstract No. 147, from Single
Family-15 Residential (SF-15) District to Mixed Uses including 27.94 acres of Multifamily
Residential (MF) District and 43.97 acres of Commercial Corridor (CC) District. (Z06-17)
Tabled from October 10,2006 (CT)
Claude Thompson, Town Planner, gave council background information on this item. Thompson informed the
council the applicant had changed the requested zonings to reflect direction given by the council at the October
10, 2006 Town Council Meeting.
The public hearing was continued from the October 10, 2006 meeting at 7:02 p.m.
Scott Norris, owner/developer, gave council a presentation on the plans for the property and answered questions.
Motioned by Bristol, seconded by Drown to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 7:05 p.m.
IIMotioned by Bristol to deny the zoning request. Motion died due to the lack of a second.
Motioned by Turley, seconded by Drown to approve the zoning request subject to staff recommendations.
Motion approved 3-1 with councilmember Bristol voting"no".
Page 3 of 5
9. Presentation of Service Plan and Second Public Hearing to consider the voluntary annexation
of a tract of land located in the Larkin McCarty Survey, Abstract No. 600, Collin County,
Texas, containing approximately 1.94 acres of land,and being more generally located on the
north side of East First Street(CR 79), 1,100±feet west of Custer Road(CR 2478). (MD)
Motioned by Drown, seconded by Wadsworth to open the public hearing. Motion approved 4-0.
Mayor Niswanger opened the public hearing at 7:07 p.m.
There were no comments by the public.
Motioned by Turley, seconded by Bristol to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 7:08 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 Survey, Abstract No. 600, Collin County, -
Texas, containing approximately 17.34 acres of land, and being more generally located west of
Custer Road(CR 2478), 175±feet north of East First Street(CR 79). (MD)
Motioned by Drown, seconded by Turley to open the public hearing. Motion approved 4-0.
Mayor Niswanger opened the public hearing at 7:08 p.m.
There were no comments by the public.
Motioned by Wadsworth, seconded by Bristol to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 7:09 p.m.
DEPARTMENT ITEMS
11. Discuss and provide direction to Town staff regarding an approach and schedule to evaluating
and potentially modifying the zoning, land uses, and design standards of the Old Town Core
District designation of the Town's Future Land Use Plan. (DM)
Doug Mousel,Town Administrator, gave council background information on this item.
Council instructed staff to focus on the area of between Coleman to the railroad track and First Street to Fifth
Street. Staff will also schedule a work session with the business owners in the downtown area.
12. Discuss the appointment, employment, and duties of a Town Manager. (DM)
Doug Mousel, Town Administrator, gave council background information on this item.
Councilmember Bristol had a few minor changes to the Town Manager job description so it would more
accurately reflect the proposed Town Charter.
Mayor Niswanger called for a break at 7:31 p.m.
Council reconvened at 7:43 p.m.
Page 4 of 5
13. Discuss and update the Town Council on the Parks and Trails Master Plan. (HW)
Trent Lewis, Parks and Recreation Board Chairman, gave council background information on this item.
Brett Johnson, Texas Parks and Wildlife, gave council a presentation on the benefits of open space for a city.
Council discussed the need for a joint session with the Parks and Recreation Board to discuss the Parks Master
Plan.
EXECUTIVE SESSION
14. 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)
Council did not recess into executive session.
15. Reconvene into regular session and take any action necessary as a result of the closed session.
16. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting.
17. Discuss scheduling for future meetings.
Council discussed the schedule for meeting in November and December. The following list was tentatively
agreed on.
• Town Council Work Session regarding the Mahard property-Wednesday, November 1 at 6:00pm
• Joint Meeting of the Town Council and Parks/Rec Board-Wednesday,November 8 at 6:00pm
• Regular Meeting of the Town Council -Tuesday, November 14 at 6:00pm
• "Town Hall"Meeting regarding the zoning of the downtown area -Monday,November 20 at 7:00pm
• Regular Meeting of the Town Council -Tuesday, November 28 at 6:00pm
• Joint Meeting of the Town Council and P & Z-Tuesday, December 5 at 6:00pm
• Regular Meeting of the Town Council -Tuesday, December 12 at 6:00pm
The location of the meetings was not set during this discussion.
18. Adjourn
Motioned by Turley, seconded by Bristol to adjourn. Motion approved 4-0.
Mayor Niswanger adjourned the meeting at 8:40 p.m.
Attest:
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