11.28.2006 Town Council Minutes MINUTES
Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
TOWN
C� 1'` Folsom Elementary School(Cafeteria)
'11 S p Tuesday,November 28, 2006 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:04 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 Kevin Drown. Mike Wadsworth arrived at 6:57 p.m.
Staff present included: Douglas Mousel, Interim Town Manager; Hulon Webb, Director of Development
Services; Chris Copple, Development and Parks Planner; Ron Butler, Business Manager; Ronnie Tucker,
Fire Chief; Kirk McFarlin, Police Chief; Todd Stone, Fire Captain; and Matthew Denton,Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Carter Morris, Prestonwood Youth Pastor.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger informed the audience of the Prosper Country Christmas on Saturday, December 9th in
Downtown Prosper.
Mayor Niswanger also informed the audience that this was the Town's first meeting as a home rule city.
Lisa Dritschler informed the council there would be a Small Cities Problem Solving Clinic put on by TML at
Southfork Ranch on December 7th at 8:30 a.m.
Dave Turley informed the council he would be hosting the Chamber of Commerce's Christmas party at his
house on December 8th.
CONSENT AGENDA
4. Consent Agenda
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
b. 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). (Tabled from November 14,2006) (MD)
c. 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
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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). (Tabled from November 14,2006) (MD)
DEVELOPMENT PLANS
d. Consider and act upon approval of the preliminary plat of Saddle Creek, being 189 single
family lots on 83.1± acres on the north side of Prosper Trail, 600± feet west of Preston
Road. (D06-28) (CC)
e. Consider and act upon approval of the preliminary site plan of Christian Chapel—Temporary
Buildings, being a request for two temporary buildings on one lot, on 4.6± acres on the
southwest corner of Frontier Parkway and Coit Road. (D06-30) (CC)
f. Consider and act upon approval of the site plan of Christian Chapel — Temporary Buildings,
being a request for two temporary buildings on one lot, on 4.6± acres on the southwest
corner of Frontier Parkway and Coit Road. (D06-30) (CC)
FINANCIALS
g. Consider and act upon the financial statements ending October 31, 2006. (RoB)
Matt Denton, Town Secretary requested item 4a be pulled from the consent agenda.
Motioned by Dritschler, seconded by Bristol to pull item 4a from the consent agenda. Motion approved 5-0.
Motioned by Dritschler, seconded by Drown to approve the balance of the consent agenda subject to staff
recommendations. Motion approved 5-0.
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• November 8,2006 Joint Parks and Recreation Board/Town Council Meeting
• November 14, 2006 Regular Meeting
• November 16,2006 Special Session
• November 20,2006 Work Session
Matt Denton, Town Secretary, informed the council the November 14, 2006 Special Meeting was mislabeled
on the agenda. The meeting was inadvertently listed as November 16, 2006.
Motioned by Niswanger, seconded by Dritschler to table the November 14, 2006 Special Session minutes
until the December 12, 2006 council meeting. Motion approved 5-0.
Motioned by Dritschler, seconded by Turley to approve the balance of item 4a with the following change:
Kevin Drown was present at the November 20, 2006 Work Session. Motion approved 5-0.
PUBLIC COMMENTS
5. Comments by the Public
There were no comments by the public.
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REGULAR AGENDA
PUBLIC HEARINGS
6. A public hearing to consider and act upon a replat of Lakes of Prosper, Phase 1, 65.7± acres,
creating Lot 3X, Block K, 0.1± acre, located on the north side of Prosper Trail, 2,200±
feet west of BNSF Railroad. (D06-31) (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 5-0.
Mayor Niswanger opened the public hearing at 6:18 p.m.
There were no comments by the public.
Motioned by Dritschler, seconded by Drown to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:19 p.m.
Motion by Dritschler, seconded by Niswanger to approve the replat. Motion approved 5-0.
7. A public hearing to consider and act upon a final plat of Whispering Farms Commercial
Center, Block A, Lot 5R-C and Whispering Farms, Phase 2, Block J, Lots 3R and 15R
being a replat of Whispering Farms Commercial Center, Block A, Lot 5C and
Whispering Farms,Phase 2,Block J, Lots 3 and 15 on 7.0± acres, located on the east side of
Coit Road, 500±feet south of Prosper Trail. (D06-32) (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item. Copple
informed the council the applicant has requested the item be tabled until the December 12, 2006 meeting.
Motioned by Turley, seconded by Bristol to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 6:20 p.m.
There were no comments by the public.
Motioned by Dritschler, seconded by Drown to continue the public hearing to the December 12, 2006
meeting. Motion approved 5-0.
8. A public hearing to consider and act upon final plat of Whispering Farms, Phase 2, Block A,
Lots 24R - 29R and 33R being a replat of Whispering Farms, Phase 2, Block A, Lots 24 - 29
and 33 on 9.5± acres, located on the southeast corner of Broadmoor Lane and Lakeview
Court. (D06-33) (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Drown, seconded by Bristol to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 6:22 p.m.
There were no comments by the public.
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Motioned by Bristol, seconded by Drown to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:23 p.m.
Motion by Drown, seconded by Bristol to approve the final plat. Motion approved 5-0.
9. A public hearing to consider and act upon a request to rezone 340.2± acres of land located at
the northwest corner of First Street (C.R. 79) and Custer Road (F.M. 2478), from Planned
Development- 9-Single Family (PD-9-SF), 318.7± acres, and Agricultural (A), 21.5± acres, to
Planned Development-Single Family(PD-SF). (Z06-19) (Tabled from November 14, 2006)
(CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Bristol, seconded by Turley to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 6:26 p.m.
Dale Clark, owner representative, answered questions for the council.
Motioned by Bristol, seconded by Turley to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:30 p.m.
Motion by Dritschler, seconded by Niswanger to approve the rezone of 340.2± acres of land located at the
northwest corner of First Street(C.R. 79) and Custer Road(F.M. 2478), from Planned Development-9-Single
Family (PD-9-SF), 318.7± acres, and Agricultural (A), 21.5± acres, to Planned Development-Single Family
(PD-SF). Motion approved 5-0.
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 99.59 acres of land and being more generally located
east of Legacy Drive and on the north and south side of W. First Street. (MD)
Motioned by Turley, seconded by Dritschler to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 6:39 p.m.
There were no comments by the public.
Motioned by Dritschler, seconded by Bristol to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:40 p.m.
11. Presentation of Service Plan and Second 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 Bristol, seconded by Drown to open the public hearing. Motion approved 5-0.
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Mayor Niswanger opened the public hearing at 6:40 p.m.
There were no comments by the public.
Motioned by Drown, seconded by Turley to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:41 p.m.
12. Presentation of Service Plan and Second 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 Turley, seconded by Dritschler to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 6:41 p.m.
There were no comments by the public.
Motioned by Dritschler, seconded by Bristol to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:42 p.m.
13. 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 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 stepped down for this item. He has a conflict of interest affidavit on file.
Motioned by Drown, seconded by Dritschler to open the public hearing. Motion approved 4-0.
Mayor Niswanger opened the public hearing at 6:43 p.m.
There were no comments by the public.
Motioned by Dritschler, seconded by Bristol to close the public hearing. Motion approved 4-0.
Mayor Niswanger closed the public hearing at 6:44 p.m.
DEPARTMENT ITEMS
14. Consider and act upon the appointment of a Deputy Mayor Pro-Tem. (MD)
Matt Denton, Town Secretary, gave council background information on this item.
Kevin Drown nominated Lisa Dritschler. Nomination approved 5-0.
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15. Discuss the adoption of Rules of Procedures as required by the Town Charter. (DM/ST)
Doug Mousel, Interim Town Manager, gave council background information on this item.
Council discussed ideas and concerns about the proposed procedures.
Council instructed staff to make the suggested changes and bring the item back as a resolution.
16. Consider and act upon 1) an impact fee agreement between BTB Development, Inc.; Axxium
Land Development; Shaddock Builders; and the Town of Prosper and 2) a resolution
authorizing the mayor the execute the same. (DM)
Doug Mousel, Interim Town Manager, gave council background information on this item.
Motioned by Wadsworth, seconded by Drown to approve an impact fee agreement between BTB
Development, Inc.; Axxium Land Development; Shaddock Builders; and the Town of Prosper and 2) a
resolution authorizing the mayor the execute the same subject to the incorporation of any comments from the
Town's attorney. Motion approved 5-0. Councilmember Turley was out of the room during the vote.
Mayor Pro Tem Bristol called for a break at 7:25 p.m.
Mayor Niswanger called the meeting back to order at 7:37 p.m.
17. Discuss and provide direction to Town staff regarding the emergency communications center
location, content,and equipment. (KM)
Kirk McFarlin, Police Chief gave council background information on this item.
Ronnie Tucker, Fire Chief, also gave council information on this item.
Council discussed several options for the emergency communications center location.
Council instructed the Chief and the Interim Town Manager to explore the costs of relocating the Police
Dept. to the old fire station, and building out that facility to include a dispatch center. Council directed staff
to explored the costs of moving the current inhabitants to the old fire station into the downtown Town Hall
offices and the cost of rehabbing 109 S. Main to include not only court but a chamber for Council meetings.
Council also instructed the Chief to proceed with extending the dispatch arrangement w/ Frisco through
9/30/08 with the understanding that there would be no staffing impact from this in the current year operating
budget and that next year's operating budget would include transitional hiring of staff as needed.
18. Discuss and provide direction to Town staff in regard to amending the Town's Comprehensive
Plan to include criteria to allow for residential or non-residential development to deviate from
the Future Land Use Plan. (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Council discussed the guidelines and directed staff to bring back to council other similar guidelines for small
cities.
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19. Discuss the approach and timeline of possibly changing the zoning, development, and design
standards of the Old Town Core District designation of the Town's Future Land Use Plan.
(CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Council instructed staff to move forward with a Town Hall meeting on December 13, 2006.
20. Discuss the Town's policy for the placement of zoning signs. (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Council directed staff to purchase zoning signs and offer them to persons filing for a zoning change. The
recipient of the sign will have to provide a deposit for the sign that will be returned once the sign is returned.
21. Discuss and provide direction to Town staff regarding the preparation of a salary study. (DM)
Doug Mousel, Interim Town Manager, gave council background information on this item.
Council directed staff to move forward with the salary and benefits study.
22. Discuss current,future,and potential bond and impact fee projects. (DM)
Doug Mousel, Interim Town Manager, gave council background information on this item.
Council directed staff to prepare a timeline for the expenditures of the 2006 bond money and to provide
monthly updates for the projects. Council also supported using the remaining 2004 bond money for the
PD/Court project discussed during item 17.
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)
Council did not recess into executive session.
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.
Dave Turley asked that the council be briefed on Economic Development topics on a more regular basis.
Turley indicated he would like to move the executive session for Economic Development to the beginning of
the meeting.
Lisa Dritschler asked staff to provide a timeline for fully staffing the Fire Station.
26. Discuss the scheduling of future meetings.
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No action taken.
27. Adjourn
Motioned by Turley, seconded by Dritschler to adjourn. Motion approved 6-0.
The meeting was adjourned at 10:01 p.m.
Attest:
del/ill'illiAraleir
.tthew D. Denton, Town Secretary Charles Nisw er,Mayor
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