01.23.2007 Town Council Minutes i MINUTES
its Regular Meeting of the Prosper Town Council
P800 Somerville Drive, Prosper, Texas
TOWN OF Folsom Elementary School (Cafeteria)
SPE, R Tuesday, January 23, 2007 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:07 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, Deputy Mayor Pro-Tern
Lisa Dritschler, Dave Turley, Kevin Drown, and Mike Wadsworth(Arrived 6:55 p.m.).
Staff present included: Douglas Mousel, Interim Town Manager; Hulon Webb, Director of Development
Services; Chris Copple, Development and Parks Planner; Ronnie Tucker, Fire Chief, Kirk McFarlin, Police
Chief; Frank Jaromin, Director of Public Works; Ron Butler, Finance Manager; and Matthew Denton, Town
Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Beau Taft, Youth Minister, Prosper United Methodist Church.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger recognized former Prosper mayor Ralph Boyer.
Doug Mousel, Interim Town Manager, stated there will be an election on March 3, 2007 to fill Place 6.
Lisa Dritschler congratulated Town Secretary Matt Denton for graduating from the Texas Municipal Clerks
Certification Program.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings.(MD)
• January 9,2007 Regular Meeting
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
b. Consider and act upon a resolution authorizing the Town Manager to submit an application to the
Texas Parks and Wildlife Department Small Community Recreation Grant Program for partial
II funding toward the development of Boyer Park. (CC)
c. Consider and act upon a resolution endorsing the joint recommendation for regional rail in north
central Texas as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County
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Transportation Authority (DCTA), and the Fort Worth Transportation Authority (The T) that
supports the concept of local option funding of public transit in the region by exempting an
amount to the locally authorized transit sales tax from the 2% local sales tax cap. (DM)
e. Consider and act upon 1) a contract amendment between the Town of Prosper and Southwest
General Services of Dallas for ambulance billing and collection services and 2) a resolution
authorizing the Mayor to execute the same. (RT)
ANNEXATION PETITIONS
g. Consider and act to accept a petition presented by Prosper Tollway Partners, L.P. to set dates for
two public hearings and call for a service plan for the voluntary annexation of approximately
16.11 acres of land located in the Collin County School Land Survey, Abstract No. 12 and
Abstract No. 147, and being more generally located on the southeast corner of First Street(CR 3)
and the Dallas North Tollway. (MD)
FINANCIALS
h. Consider and act upon the financial statements ending December 31,2006.(RoB)
Doug Mousel requested item 4d be pulled from the consent agenda.
Hulon Webb requested item 4f be pulled from the consent agenda.
Motioned by Bristol, seconded by Drown to remove items 4d and 4f from the consent agenda.
Motion approved 5-0.
Motioned by Dritschler, seconded by Bristol to approve the remaining consent agenda subject to staff
recommendations. Motion approved 5-0.
d. Consider and act upon a resolution naming a park site located on the northeast corner of East
First Street and Church Street to"Boyer Park". (CC)
Mayor Niswanger recognized former Town of Prosper Mayor Ralph Boyer and thanked him for his years of
service to the Town.
Motioned by Dritschler, seconded by Niswanger to approve the resolution. Motion approved 5-0.
DEVELOPMENT PLANS
f. Consider and act upon final acceptance of Preston 48 Addition, Block A, Lot 4R, being a 10,350
square foot retail/office building on one lot on 1.0± acre on the south side of Prosper Trail, 250±
feet west of Preston Road (D05-29). The property is zoned Commercial.(IIW)
Motioned by Bristol, seconded by Turley to approve the final acceptance of Preston 48 Addition subject to staff
recommendations and subject to receiving the as-builts and final plat.
CITIZEN'S 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 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)
Councilmember Turley stepped down for this item. Turley stated he has a conflict of interest affidavit on file.
Chris Copple, Development and Parks Planner, informed council the applicant has requested this item be tabled
until the February 13, 2007 Town Council meeting.
Motioned by Bristol, seconded by Drown to table until the February 13, 2007 Town Council meeting.
Motion approved 4-0.
7. A public hearing to consider and act upon an amendment to the Town's Comprehensive Plan to
include criteria to allow for residential or non-residential development to deviate from the Future
Land Use Plan. (CA07-01) (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 6:30 p.m.
There were no comments by the public.
Motioned by Bristol, seconded by Drown to close the public hearing. Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:31 p.m.
Motioned by Bristol, seconded by Dritschler to approved the amendment subject to staff recommendations and
add the verbiage: "Enhance the health and public safety of the Town of Prosper."
Motion approved 5-0.
DEPARTMENT ITEMS
8. Discuss the first quarter of the Town's 2006-2007 budget. (DM/RB)
Doug Mousel, Interim Town Manager, gave council a presentation on the first quarter of the Town's 2006-2007
budget.
Council discussed the budget and their concerns with the sales tax and staffing issues.
9. Discuss the Town's quarterly investment report for the quarter ending December 31, 2007.
(DM/RB)
Ron Butler, Business Manager, gave a presentation on the Town's quarterly investment report and answered
questions from council.
Councilmember Wadsworth arrived at 6:55 p.m.
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10. Consider and act upon the awarding of the bid for the Installation of a Fixed Base Utility
Management System and water meter replacement. (FJ)
Frank Jaromin, Public Works Director, gave council background information and answered questions on this
item.
Motioned by Wadsworth, seconded by Turley to award the bid for the Fixed Base meter reading system to HD
Hughes Supply in the amount of$693,820.73; direct Town staff to prepare an ordinance to amend the budget of
the Water and Sewer fund to allow for the purchase of the Fixed Base AMR system; and direct town staff to
prepare a contract for council consideration.
Motion approved 5-1 with Bristol voting"no."
11. Consider and act upon a change order to Red River Construction Company, Inc., for the Pump
Station and 3 MG Ground Storage Tank Project. (HW)
Hulon Webb, Director of Development services gave information and answered question for this item.
Motioned by Drown, seconded by Wadsworth approved a change order to Red River Construction Company,
Inc. in the amount of$7,217.02, for the Pump Station and 3 MG Ground Storage Tank.
Motion approved 6-0.
12. Discuss the timing and cost of current,pending,and future bond and impact fee projects. (DM)
Doug Mousel, Interim Town Manager, gave a presentation and answered questions on this item.
13. Consider and act upon adoption of an ordinance establishing right of way (ROW) regulations to
manage construction,excavation,and placement of utilities in the Town of Prosper. (HW)
Hulon Webb;Director of Development services gave information and answered question for this item.
Council made various recommendations for changes to the ordinance.
Motioned by Wadsworth, seconded by Turley to approve the ordinance with the changes as suggested and
subject to final approval by staff,the Town Attorney, and the Deputy Mayor Pro-Tem.
Motion approved 6-0.
14. Discuss and provide direction to Town staff regarding the Town's provision of dispatch services.
(DM)
Doug Mousel, Interim Town Manager, recommended the council table items 14 and 15 until the February 13,
2007 Town Council meeting.
Motioned by Bristol, seconded by Wadsworth to table items 14 and 15 until the February 13, 2007 Town
Council meeting. Motion approved 6-0.
15. Consider and act upon 1) an architectural services agreement with Randall Scott Architects and
2) a resolution authorizing the Mayor to execute the same. (DM)
16. Consider and act upon 1) an agreement between the Town of Prosper and ConBrio regarding
consulting services for the preparation of a strategic plan and 2) a resolution authorizing the
Mayor to execute the same. (DM)
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Doug Mouse!, Interim Town Manager, recommended the council table this item until the Economic
Development Director and Town Manager positions are hired.
Motioned by Dritschler, seconded by Bristol to table the item until the Economic Development Director and
Town Manager positions are filled. Motion approved 6-0.
17. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the
Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7)
and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan. (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
No action taken by council.
EXECUTIVE SESSION
18. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit:
a. Section 551.087 of the Open Meetings Act authorizes the Town Council to discuss, in an
executive (closed) session, commercial or financial information that the Town of Prosper
has received from business prospects that the Town seeks to have locate, stay, or expand
in the Town and with which the Town is conducting economic development negotiations
and/or to deliberate the offer of a financial or other incentive to he business prospect.
b. Section 551.072 of the Open Meetings Act authorizes the Town Council to conduct an
executive (closed) session to deliberate the purchase, exchange, lease, or value of real
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.
Motioned by Wadsworth, seconded by Turley to recess into closed session. Motion approved 6-0.
Council recessed into closed session at 8:33 p.m.
19. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 9:33 p.m.
Council did not take any action as a result of the closed session.
20. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit, Section 551.074,to discuss the appointment and employment of a Town Manager.
Motioned by Bristol, seconded by Drown to recess into closed session. Motion approved 6-0.
Council recessed into closed session at 9:34 p.m.
21. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 11:30 p.m.
Motioned by Dritschler, seconded by Drown to extend the closed session to 12:00 a.m. Motion approved 6-0.
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Council recessed back into closed session at 11:31 p.m.
Council reconvened into regular session at 11:50 p.m.
Mayor Niswanger stated the Town Council was unable to successfully negotiate a contract with the Interim
Town Manager. The Interim Town Manager will continue in that role until April 30, 2007. The Town Council
will meeting again in two weeks to discuss the next step in the process of hiring a Town Manager.
Motioned by Dritschler, seconded by Bristol to authorize the Mayor to instruct the Town Attorney to prepare a
document for the transitional period with the Interim Town Manager until April 30, 2007.
Motion approved 6-0.
22. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
23. Adjourn.
Motioned by Wadsworth, seconded by Drown to adjourn. Motion approved 6-0.
The meeting was adjourned at 11:54 p.m.
Attest:
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Rtthew D. Denton, TRMC Charles Niswanger, ayor
own Secretary
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i MINUTES
Special Called Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
TOWN O F Folsom Elementary School (Cafeteria)
PS P E Prosper, Texas
Tuesday, February 6, 2007 at 5:30 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 5:35 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; and Matthew Denton, Town Secretary.
2. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit: Section 551.074, to discuss the appointment and employment of an Executive Director of the
Prosper Economic Development Corporation and a Town Manager.
Motioned by Turley, seconded by Drown to recess into closed session. Motion approved 6-0.
Council recessed into closed session at 5:36 p.m.
3. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Drown, seconded by Turley to reconvene into open session.
Motion approved 5-1 with David Bristol voting"no."
Council reconvened into open session at 7:05 p.m.
Motioned by Wadsworth, seconded by Turley to offer the current vacant Town Manager position to Interim
Town Manager Doug Mousel with the following stipulations: An annual renewable contract at a base salary of
$99,000 which will increase to $112,200 when Mousel has relocated inside the Town of Prosper; $9,000 annual
car allowance; the Town will pay actual moving expenses up to $4,000; the contract is to be negotiated by the
Mayor and must be signed by Mousel on or before 5:00 p.m. CST on Friday February 9, 2007 for action on at
the Tuesday, February 13, 2007 Town Council Meeting.
Councilmember Dritschler gave a brief explanation of why she could not support the motion.
Councilmember Bristol gave an explanation of why he could not support the motion and also read a prepared
statement.
Councilmember Wadsworth "called the question."
Mayor Niswanger called for the vote.
Motion approved 4-2 with Dritschler and Bristol voting"no."
4. Consider and act upon a settlement agreement and release between the Town of Prosper and the
Interim Town Manager.
Motioned by Wadsworth, seconded by Turley to table this item until the February 13, 2007 Town Council
meeting. Motion approved 5-1 with Bristol voting"no."
5. Adjourn.
Motioned by Wadsworth, seconded by Drown to adjourn. Motion approved 6-0.
The meeting was adjourned at 7:26 p.m.
Attest:
i � ' .�
iratthew D. Denton,TRMC Charles Niswanger ayor
own Secretary
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