12.12.2006 Town Council Minutes MINUTES
Regular Meeting of the Prosper Town Council
402 S. Craig Road, Prosper, Texas
TOWN OF Rucker Elementary School(Cafeteria)
SPERTuesday, December 12, 2006 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, Deputy Mayor Pro-Tern
Lisa Dritschler, Dave Turley, Kevin Drown, and Mike Wadsworth.
Staff present included: Douglas Mousel, Interim Town Manager; Hulon Webb, Director of Development
Services; Chris Copple, Development and Parks Planner; Bryan Ausenbaugh, Building Official; David Ledwitz,
Code Enforcement Officer; Karen Gill, Finance Clerk; Ronnie Tucker, Fire Chief, Kirk McFarlin, Police Chief;
Amy Lightfoot, Court Clerk; Gary McHone, Police Captain; Todd Stone; Fire Captain; Jason Graham,
Fire/EMT; Dwayne Norvell, Fire/EMT; Derek Barber, Fire/EMT; Ron Butler, Business Manager; and Matthew
Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor Doug Fox, Prosper Methodist Church.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
There were no announcements.
CONSENT AGENDA
4. Consent Agenda
MINUTES
ORDINANCES,RESOLUTIONS AND AGREEMENTS
b. Consider and act upon an ordinance rezoning 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)(CC)
d. Consider and act upon an ordinance for 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)
e. Consider and act upon an ordinance for the voluntary annexation of a tract of land located in the
Jeremiah Horn Survey, Abstract No. 411, Collin County, Texas, containing approximately 67.728
Page 1 of 7
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)
Matt Denton, Town Secretary, requested item 4a be pulled from the consent agenda.
Doug Mousel, Interim Town Manager, requested item 4c be pulled from the consent agenda.
Dave Turley requested item 4f be pulled from the consent agenda.
Motioned by Dritschler, seconded by Wadsworth to approve the balance of the consent agenda subject to staff
recommendations. Motion approved 6-0.
a. Consider and act upon minutes from the following Council meetings. (MD)
• November 14,2006 Special Session
• November 15,2006 Special Session
• November 28,2006 Regular Session
• December 5,2006 Work Session
Matt Denton, Town Secretary, told council the reason this item was removed from the consent agenda was to
clarify wording on item 17 in the November 28, 2006 Regular Session minutes.
Motioned by Wadsworth, seconded by Bristol to approve item 4a with the staff recommended changes.
Motion approved 6-0.
c. Consider and act upon the ratification of an impact fee agreement between BTB Development,
Inc.; Axxium Land Development; Shaddock Builders; and the Town of Prosper. (DM)
Doug Mousel, Interim Town Manager, discussed with council why this item was being pulled from the consent
agenda.
Mark Webb with Ariana Estates discussed with council a possible agreement between Ariana Estates and the
Town regarding a sewer line.
Motioned by Drown, seconded by Turley to approve the agreement. Motion approved 6-0.
f. Consider and act upon an ordinance for 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)
Dave Turley requested this item be pulled from the consent agenda so he could step down due to a conflict of
interest. He stated he has a conflict of interest affidavit on file for this item.
Motioned by Dritschler, seconded by Wadsworth to approve the annexation. Motion approved 5-0.
CITIZEN COMMENTS
5. Comments by the Public
There were no comments by the public.
Page 2 of 7
PRESENTATIONS
6. Presentation of the Town's service awards.
Mayor Niswanger presented 5 year service awards to Chief Kirk McFarlin and Captain Gary McHone of the
Prosper Police Department.
7. Presentation of the Town's annual recognition awards.
Mayor Niswanger presented Karen Gill, David Ledwitz, Jason Graham, Dwayne Norvell, and Derek Barber
with recognition awards for exemplary performance.
REGULAR AGENDA
PUBLIC HEARINGS
8. 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.
Motioned by Turley, seconded by Dritschler to open the public hearing. Motion approved 5-0 (Councilmember
Wadsworth was out of the room)
Mayor Niswanger opened the public hearing at 6:47 p.m.
There was no one wishing to speak on this item.
Motioned by Bristol, seconded by Drown the close the public hearing. Motion approved 5-0 (Councilmember
Wadsworth was out of the room)
Motioned by Dritschler, seconded by Bristol to approve the final plat of Whispering Farms.
Motion approved 6-0.
9. A public hearing to consider and act upon a request to rezone 5.8± acres of land located on the
southwest corner of Coit Road and Prosper Trail, from Agricultural (A) to Office (0). (Z06-21)
(CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Turley, seconded by Bristol to open the public hearing. Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:50 p.m.
Dean Mailer spoke against the proposed zoning request.
John Lucio, owner representative, discussed the proposed zoning with the council.
Council discussed the proposed zoning versus zoning under a planned development.
Page 3 of 7
Motioned by Bristol, seconded by Turley to close the public hearing. Motion approved 6-0.
Mayor Niswanger closed the public hearing at 7:07 p.m.
Motioned by Dritschler, seconded by Wadsworth to approve the requested zoning as Office(0) and direct Town
staff to prepare an ordinance to rezone the property accordingly.
Motion approved 4-2 with Niswanger and Turley voting"no".
Councilmember Dritschler left the meeting at 7:15 p.m.
Mayor Niswanger called for a break at 7:16 p.m.
Mayor Niswanger reconvened the meeting at 7:26 p.m.
11. 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 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 Wadsworth, seconded by Drown to open the public hearing. Motion approved 5-0.
Mayor Niswanger opened the public hearing at 7:29 p.m.
There was no one wishing to speak on this item.
Motioned by Bristol, seconded by Turley to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 7:30 p.m.
DEPARTMENT ITEMS
12. Review and discuss the Town's financial audit of the 2005-2006 fiscal year. (RoB)
Tom Pingleton, Pingleton, Howard & Company, gave council a presentation on the Town's financial audit of
the 2005-2006 fiscal year. Council commended Town staff, specifically Ron Butler, for doing a great job of
managing the Town's finances.
13. Consider and act upon the appointment and compensation of a Municipal Judge. (DM)
Amy Lightfoot, Court Clerk, gave council background information on this item.
Judge David Moore discussed his qualifications with the council.
Motioned by Bristol, seconded by Turley to appoint Judge David Moore as the Town's Municipal Judge and
establish the compensation of the Municipal judge as $375 per session.
Motion approved 5-0.
14. Consider and act upon the appointment of a Town Attorney. (DM)
Motioned by Wadsworth, seconded by Niswanger to appoint Richard Abernathy(and his representatives) of the
law firm of Abernathy, Roeder, Boyd&Joplin, P.C. as the Town Attorney.
Motion approved 5-0.
Page 4 of 7
15. Consider and act upon an ordinance amending Ordinance Nos. 02-33, 04-115, and 06-04 to
increase the rates for the collection and disposal of solid waste and recyclables. (DM)
Doug Mousel, Interim Town Manager, gave council background information on this item.
Motioned by Drown, seconded by Wadsworth to approve the ordinances amending Ordinance Nos. 02-33, 04-
115, and 06-04 to increase the rates for the collection and disposal of solid waste and recyclables.
Motion approved 5-0.
16. Discuss the boundary adjustment agreement between the City of Celina and the Town of Prosper
and other existing or potential boundary agreements. (DM)
Doug Mousel, Interim Town Manager, gave council background information on this item.
Council discussed the northern and western boundaries of the Town and possible future annexations.
Doug Mousel informed council he would be bringing boundary items to the council on the future agendas.
17. Consider and act upon an ordinance adopting Rules of Order and Procedure as required by the
Town Charter. (DM)
Doug Mousel, Interim Town Manager, gave council background information on this item.
Motioned by Bristol, seconded by Niswanger to approve the ordinance adopting Rules of Order and Procedure.
Motion approved 5-0.
18. Consider and act upon a Resolution ordering a General Election to be held and administered by
the Collin County Elections Administration on February 17, 2007, for the purpose of electing one
(1) member, Place 6, to the Town of Prosper Town Council to fill a newly created position by the
Town Charter. (MD)
Lisa Dritschler rejoined the meeting at 8:20 p.m.
Matt Denton, Town Secretary, gave council background information on this item.
Council discussed the date of the election and that the schedule did not allow enough time for accepting
applications for a place on the ballot.
Motioned by Turley, seconded by Bristol to table the item until a special meeting can scheduled for the week of
December 18 — 22, 2006, and directed staff to move forward with a March 3, 3007 election date and schedule
the maximum amount of time for applying for a place on the ballot.
Motion approved 6-0.
19. Consider and act upon a contract for election services between the Town of Prosper and the
Collin County Elections Administration for administering the February 17, 2007 Special
Election. (MD)
Matt Denton, Town Secretary, gave council background information on this item. Denton recommended this
item be tabled and brought back with item 18 at the special meeting.
Motioned by Wadsworth, seconded by Niswanger to table this item until the special meeting scheduled for the
week of December 18-22, 2006. Motion approved 6-0.
Page 5 of 7
10. A public hearing to consider and act upon a request to rezone 201.5± acres of land located on the
south side of Frontier Parkway, 1,300± feet west of Dallas Parkway, from Agricultural (A) to
Planned Development-Single Family(PD-SF). (Z06-18) (CC)
Dave Turley stepped down for this item. He stated he has a conflict of interest affidavit on file.
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Wadsworth, seconded by Bristol to open the public hearing. Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:38 p.m.
Mike Myers, property owner, gave a presentation on the proposed development for the property.
Council discussed their concerns with the applicant including density issues, setbacks and park concerns.
Motioned by Bristol, seconded by Drown to close the public hearing. Motion approved 6-0.
Mayor Niswanger closed the public hearing at 9:10 p.m.
Motioned by Wadsworth, seconded by Niswanger to table the item until the January 9, 2007 Town Council
meeting, instructed the applicant to bring the item to the Parks and Recreation Board meeting on December 21,
2006, and for staff to work with the applicant regarding the concerns discussed by council.
Motion approved 5-0.
Mayor Niswanger called for a break at 9:12 p.m.
Mayor Niswanger reconvened the meeting at 9:28 p.m.
EXECUTIVE SESSION
20. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit:
a. 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.
b. Section 551.074,to discuss the appointment,employment,evaluation, reassignment,
duties, discipline, or dismissal of the Executive Director of the Economic Development
Corporation.
c. Section 551.072,to discuss the purchase of property located in an area bordered by
Dallas Parkway to the west,Coleman Street to the east,Prosper Trail to the south,
and Frontier Parkway to the north for a community park.
d. Section 551.074,to discuss the appointment and employment of a Town Manager.
Council recessed into executive session at 9:28 p.m.
Page 6 of 7
21. Reconvene into regular session and take any action necessary as a result of the closed session.
No action taken.
22. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
No action taken.
23. Adjourn.
Motioned by Dritschler, seconded by Turley to adjourn. Motion approved 6-0.
Council adjourned at 9:58 p.m.
Attest:
41101,,MIAll
hew D. Denton, Town Secretary Cha es Niswanger, Ma :r
e®,‘ OF pa,,
4 . 06o �i e
`® � ..a
` O 0 o �
® .• _ S
i
jç ) * 7
#®®p®®ACAS ®®®e®
Page 7 of 7