11.14.2006 Town Council Minutes 104` .;
MINUTES
IV% Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
T
0 W C3 F` Folsom Elementary School(Cafeteria)
!� Tuesday,November 14, 2006 (the earlier of 7:00 p.m. or
immediately following the 6:00 p.m.Joint
Town Council—Economic Development Board Meeting)
1. Call to Order/Roll Call.
The meeting was called to order at 7:17 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Dave Turley, Lisa
Dritschler, and Mike Wadsworth.
Staff present included: Douglas Mousel, Town Administrator; Hulon Webb, Director of Development
Services; Chris Copple, Development and Parks Planner; Bryan Ausenbaugh, Building Official; Karen
Gandy, Director of the Economic Development Corporation; Andrea Berry, Economic Development
Assistant; Frank Jaromin, Director of Public Works; Ron Butler, Business Manager; and Matthew Denton,
Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor John Fowler, Prosper Presbyterian Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger announced the Christmas Tree Lighting to be held on December 9th from 6:00 p.m.—9:00
p.m. in downtown Prosper.
CONSENT AGENDA
4. Consent Agenda
ORDINANCES,RESOLUTIONS AND AGREEMENTS
b. Consider and act upon a Resolution concurring with the state's determination that a portion of
the State's right-of-way is no longer needed as a road and that the right-of-way be quitclaimed
in accordance with State regulations. (11W)
c. Consider and act upon an ordinance rezoning 255.86± acres of land located on the northwest
corner of First Street (C.R. 3) and Dallas Parkway (C.R. 27), from Single Family-15 (SF-15)
District to Single Family-10 (SF-10), 77.93 acres, Single Family-12.5 (SF-12.5), 75.59 acres,
Commercial Corridor (CC), 50.34 acres, Office (0), 23.79 acres, and Planned Development
Multifamily(PD-MF)28.20 acres. (Z06-16) (CC)
d. Consider and act upon an ordinance rezoning 71.914± acres of land located on the northeast
corner of Dallas Parkway (C.R. 27) and Prosper Trail (C.R. 4), from Single Family-15 (SF-15)
District to Commercial Corridor (CC), 43.97 acres and Planned Development Multifamily
(PD-MF) 27.94 acres. (Z06-17) (CC)
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e. Consider and act upon 1) cellular voice and data customer service agreement between
Cingular Wireless LLC and the Town of Prosper and 2) a resolution authorizing the mayor to
execute the same. (DM)
f. Consider and act upon 1) an amendment to the Town's solid waste and recycling collection
contract with IESI to include commercial recycling services and rates and 2) a resolution
authorizing the mayor to execute the same. (DM)
g. Consider and act upon an ordinance amending procedures for the termination/disconnection
of utility services. (DM)
DEVELOPMENT PLANS
j. Consider and act upon approval of the Conveyance Plat for Prosper Commons, being 2 lots on
10.4± acres of land situated in the Harrison Jamison Survey, Abstract No. 480, located on the
northeast corner of US 380 and Prosper Commons Boulevard. (D06-27) (D06-27) (CC)
ANNEXATION PETITIONS
k. Consider and act to accept a petition presented by 2006 Prosper Partners, L.P. to set dates for
two public hearings and call for a service plan for the voluntary annexation of approximately
99.59 acres of land located in the Collin County School Land Survey, Abstract No.
147, and being more generally located east of Legacy Drive and on the north and south
side of W. First Street. (MD)
David Bristol requested item 4a be pulled from the consent agenda.
Doug Mousel requested items 4h and 4i be pulled from the consent agenda.
Motioned by Bristol, seconded by Wadsworth to pull items 4a, 4h, and 4i from the consent agenda.
Motion approved 4-0.
Motioned by Turley, seconded by Bristol to approve the remaining consent agenda subject to staff
recommendations. Motion approved 4-0.
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• October 24, 2006 Regular Meeting
• November 1,2006 Work Session
Councilmember Bristol asked that this item be pulled because the reason for a council members absence was
noted on the October 24, 2006 Regular Meeting Minutes under the roll call section. Bristol stated that the
reason for absences is not usually noted on the roll call.
Council discussed whether or not to have the reason for a councilmember's absence noted at roll call.
Motion by Dritschler, seconded by Turley to approved the minutes as submitted by staff.
Motion approved 3-1 with Bristol voting"no".
Page 2 of 6
h. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in
the Larkin McCarty Survey, Abstract 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)
i. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in
the Larkin McCarty Survey, Abstract 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 Wadsworth, seconded by Bristol to table items 4h and 4i until the November 28, 2006 meeting.
Motion approved 4-0.
PUBLIC COMMENTS
5. Comments by the Public
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon a request to rezone 340.2± acres of land generally
located in the northwest corner of First Street (C.R. 79) and Custer Road (F.M. 2478), being a
portion of the Larkin McCarty Survey, Abstract No. 600, from Planned Development (PD-9)
District for Single Family Residential Uses to Planned Development(PD) District, adding 21.43
acres and amending the Development Standards of PD-9. (Z06-19) (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item. Copple
stated the applicant has asked that this item be tabled until the November 28, 2006 Town Council Meeting.
Motioned by Dritschler, seconded by Wadsworth to open the public hearing. Motion approved 4-0.
Mayor Niswanger opened the public hearing at 7:30 p.m.
There were no comments by the public.
Motioned by Dritschler, seconded by Turley to continue the public hearing until the November 28, 2006
Town Council Meeting. Motion approved 4-0.
7. A public hearing to consider and act upon a request to rezone Lots 10B, 11B and 12B of Block
22 of Bryant's Addition 0.24± acres (10,500 square feet) of land located at 209 Church Street,
from Single Family-15 (SF-15) Residential District to Downtown Office (DTO) District. (Z06-
20) (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Dritschler, seconded by Turley to open the public hearing. Motion approved 4-0.
Mayor Niswanger opened the public hearing at 7:34 p.m.
Page 3 of 6
Jaciene Bryant,property owner, spoke in favor of the proposed rezoning.
Troy Brock, 520 Rock Hill Rd., spoke in opposition to the proposed zoning.
Motioned by Dritschler, seconded by Turley to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 7:40 p.m.
Council discussed the issue of the downtown zoning on the east side of Coleman Street.
Motioned by Turley, seconded by Wadsworth to table the item until the January 9, 2007 Town Council
Meeting. Motion approved 4-0.
Council directed staff to set up a meeting to discuss the zoning in the downtown area east of Coleman to
Preston and north of First Street to Seventh Street before the January 9, 2006 meeting.
8. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of
a tract of land located in the William Butler Survey, Abstract No. 112, Collin County, Texas,
containing approximately 4.4724 acres of land, and being more generally located south of
Prosper Trail (CR 81) and west of Coit Road (CR 80). (MD)
Motioned by Turley, seconded by Dritschler to open the public hearing. Motion approved 3-0.
Mayor Pro-Tem Bristol opened the public hearing at 8:28 p.m.
There were no comments by the public.
Motioned by Wadsworth, seconded by Turley to close the public hearing. Motion approved 3-0.
Mayor Pro-Tem Bristol closed the public hearing at 8:29 p.m.
9. Presentation of Service Plan and First Public Hearing to consider the voluntary annexation of
a tract of land located in the Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas,
containing approximately 67.728 acres of land, and being more generally located
approximately 1,700± feet south of First Street (CR 79) and approximately 3,700± feet
west of Custer Road (FM 2478). (MD)
Motioned by Dritschler, seconded by Wadsworth to open the public hearing. Motion approved 3-0.
Mayor Pro-Tem Bristol opened the public hearing at 8:30 p.m.
There were no comments by the public.
Motioned by Turley, seconded by Dritschler to close the public hearing. Motion approved 3-0.
Mayor Pro-Tern Bristol closed the public hearing at 8:31 p.m.
Mayor Pro-Tern Bristol called for a break at 8:31 p.m.
Council reconvened at 8:43 p.m.
Page 4 of 6
10. 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 147, Collin County,
Texas, containing approximately 201.55 acres of land, and being more generally located south
of Frontier Parkway (CR 5) and approximately 1,300± west of Dallas Parkway(CR
49). (MD)
Councilmember Turley has a conflict of interest form on file and stepped down for this item.
Motioned by Wadsworth, seconded by Bristol to open the public hearing. Motion approved 3-0.
Mayor Niswanger opened the public hearing at 8:44 p.m.
There were no comments by the public.
Motioned by Bristol, seconded by Wadsworth to close the public hearing. Motion approved 3-0.
Mayor Niswanger closed the public hearing at 8:45 p.m.
DEPARTMENT ITEMS
11. Consider and act upon the awarding of a bid for the installation of a fixed based utility
management system and water meter replacement along with the alternate bid of upgrading to
minimum one inch water meters. (FJ)
Frank Jaromin, Public Works Director, gave council background information on this item.
Maurice de Vries with Hughes Supply, also gave council information on the proposed system.
Council discussed the proposed bid and that there was only one bidder for the project.
Motioned by Dritschler, seconded by Wadsworth to reject the proposed bid and direct Town staff to go out
for bids for an AMR and fixed base system that is wi/fi compatible subject to staff recommendations.
Motion approved 4-0.
12. Consider and act upon an ordinance amending the Water and Sewer Fund of the Town's fiscal
year 2006-2007 budget. (DM)
Doug Mousel,Town Administrator, gave council background information on this item.
Motioned by Bristol, seconded by Wadsworth to approve the ordinance amending the Water and Sewer Fund
of the Town's fiscal year 2006-2007 budget t ad the GL code of 20-4911-50 to account for Salvaged and
recycled Materials in the amount estimated to be $1,000.
Motion approved 4-0.
13. Consider and act upon an Ordinance establishing regulations for Special Events and
Temporary Seasonal Sales in the Town; providing for the requirement of a permit(s) and all
associated fees; providing for the revocation of a permit(s) and providing for an appeals
process. (BA)
Bryan Ausenbaugh, Building Official, gave council background information on this item.
David Bristol left the meeting at 9:42 p.m.
Page 5 of 6
Motioned by Wadsworth, seconded by Turley to approve an ordinance establishing regulations for Special
Events and Temporary Seasonal Sales in the Town; providing for the requirement of a permit(s) and all
associated fees; providing for the revocation of a permit(s) and providing for an appeals process subject to
the following stipulations: the deletion of section 5 b.; Modify 8 a to be $100 per permit; Modify 8 c.
numbers 2 and 4 to show fees can be waived by the Building Official; and, 5 c 9 will include the Town being
carried as an additional insured(if approved by the Town's legal council).
14. Discuss and provide direction to Town staff regarding the preparation of a salary study. (DM)
Doug Mousel,Town Administrator, gave council background information on this item.
Motioned by Wadsworth, seconded by Dritschler to table the item until the November 28, 2006 Town
Council Meeting and direct staff to include the proposals in the agenda packet. Motion approved 3-0.
EXECUTIVE SESSION
15. 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
16. Reconvene into regular session and take any action necessary as a result of the closed session.
17. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting.
Councilmember Wadsworth asked that the following items be added to future agendas:
• Discussion on who pays for the zoning signs (November 28, 2006 Meeting)
• East side of Coleman zoning issues
• Infrastructure that will be purchased using the remaining bond money from 2004 and 2006.
18. Adjourn.
Motioned by Turley, seconded by Dritschler to adjourn. Motion approved 3-0.
Meeting adjourned at 10:04 p.m.
Attest:
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atthew D. Denton, Town Secretary ••��� Charles Nis ,.nger, Ma .or
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