02.13.2007 Town Council Minutes AGENDA
Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
TOWN OF Folsom Elementary School(Cafeteria)
SPE Tuesday, February 13, 2007 6:00 p.m.
1. Call to Order/Roll Call.
Due to the lack of a quorum,the meeting was called to order at 7:57 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.
Staff present included: Douglas Mousel, Interim Town Manager; Hulon Webb, Director of Development
Services; Kirk McFarlin, Police Chief; and Matthew Denton,Town Secretary.
2. Invocation and Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Matt Denton, Town Secretary, told the council that early voting for the March 3, 2007 Special Election was
beginning at 8:00 a.m. on February 14, 2007 at the Prosper High School Library. Denton also informed the
council that filing for the May 12, 2007 General Election was currently open and would run through March
12, 2007.
Deputy Mayor Pro-Tern Dritschler informed the council the Chamber of Commerce would be holding a
"Meet the Candidates"forum at Rucker Elementary on Wednesday February 14, 2007.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• January 16,2007—Joint Work Session with the Planning and Zoning Commission
• January 23,2007—Regular Session
• February 6,2007—Special Session
• February 6, 2007 — Joint Work Session with the Planning and Zoning and Parks and
Recreation Board
ORDINANCES,RESOLUTIONS AND AGREEMENTS
b. Consider and act upon an ordinance 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.(CA07-1) (CC)
c. 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
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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)
e. Consider and act upon a Joint Election Agreement and Contract for Election Services between
the Town of Prosper and the Prosper Independent School District, and administered by the
Collin County Elections Administration for the May 12,2007 General Election. (MD)
f. Consider and act upon a letter of agreement relating to park dedication fees and requirements
within the Saddle Creek subdivision. (CC)
Matt Denton, Town Secretary, requested item 4d be pulled from the consent agenda.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Councilmember Wadsworth to pull item 4d
from the consent agenda. Motion approved 6-0.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Mayor Pro-Tem Bristol to approve the balance
of the consent agenda in accordance with staff recommendations. Motion approved 6-0.
d. Consider and act upon a Resolution ordering a General Election to be held jointly with the
Prosper Independent School District and administered by the Collin County Elections
Administration on May 12,2007, for the purpose of electing the Mayor and two(2) members,
Place 1 and Place 2,to the Town of Prosper Town Council to fill expired terms.(MD)
Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to approve item 4d with the
staff recommended changes. Motion approved 6-0.
CITIZENS' 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 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. He stated he has a conflict of interest affidavit on file.
Hulon Webb, Director of Development Services, informed the council the applicant and Town staff
recommend this item be table until the February 27, 2007 Town Council Meeting.
Motioned by Mayor Niswanger, seconded by Mayor Pro-Tem Bristol to table the item until the February 27,
2007 Town Council Meeting. Motion approved 5-0.
7. 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 No. 172, Collin
County, Texas,containing approximately 90.11 acres of land,and being more generally located
west of Coit Road and north of Prosper Trail. (MD)
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Motioned by Councilmember Wadsworth, seconded by Councilmember Turley to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 8:08 p.m.
There were no comments by the public.
Motioned by Councilmember Drown, seconded by Councilmember Wadsworth to close the public hearing.
Motion approved 6-0.
Mayor Niswanger closed the public hearing at 8:09 p.m.
DEPARTMENT ITEMS
8. Consider and act upon the assignment of members of the Planning & Zoning Commission to
one and two-year terms. (CC)
Mayor Niswanger drew names from a box and announced the following results:
Reno Jones— 1 year term
Troy Brock— 1 year term
Ronni Gallup— 1 year term
Marcus Ruark— 1 year term
George Dupont—2 year term
Jessica Arce—2 year term
Mark DeMattia—2 year term
Motioned by Councilmember Wadsworth, seconded by Councilmember Turley to assign the terms as
designated. Motion approved 6-0.
9. Consider and act upon 1) a service agreement between the Town of Prosper and Traffic
Payment.com for online traffic payments and 2) a resolution authorizing the Mayor to execute
the same. (AL)
Amy Lightfoot, Court Clerk, gave council background information on this item.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Drown to approve the service agreement
between the Town of Prosper and TrafficPayment.com for online traffic payments and the resolution
authorizing the Mayor to execute the same. Motion approved 6-0.
10. Discuss and provide direction to Town staff regarding the various sanitary sewer treatment
options to serve the western portion of the Town of Prosper. (IIW)
Hulon Webb, Director of Development Services, gave council background information and answered
questions for council.
Jeff Payne, Freese and Nichols, also answered questions for council.
Motioned by Councilmember Turley, seconded by Mayor Pro-Tern Bristol directing Town staff to begin
negotiations with the Upper Trinity Regional Water District(UTRWD) to potentially provide sanitary sewer
services to the western portion of the Town of Prosper.
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11. Discuss and provide direction to Town staff regarding various architectural options available
for the Preston Road Elevated Storage Tank. (HW)
Hulon Webb, Director of Development Services, gave council background information and answered
questions for council.
Jeff Payne, Freese and Nichols, gave council a presentation on the different architectural options available to
the Town for the Preston Road Elevated Storage Tank.
Council directed staff to pursue option "C" as presented by Freese and Nichols with an option for the darker
bottom on the tank, an option for staining the pedestal,with brown bands above and below the stars, and with
an option for upgrading the landscaping plan.
12. Discuss and provide direction to Town staff regarding the Town's provision of dispatch
services. (DM)
Doug Mousel, Interim Town Manager, gave council background information and answered questions for
council.
Kirk McFarlin, Police Chief answered questions for council.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tern Dritschler to direct Town
staff to begin the process to renovate the Development Services office to be used as a
dispatch/communications center and renovate 109 South Main Street to be used as a community meeting
room and courtroom subject to final cost estimates to be prepared by Randall Scott Architects and reviewed
again by council in March 2007, and subject to approval of the ordinance amending the Capital Projects
Fund and approval of the contract with Randall Scott Architects.
Motion approved 6-0.
13. Consider and act upon an ordinance amending the Capital Projects Fund of the Town's FY
2006-2007 budget. (DM)
Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tem Bristol to increase GL code 95-
6110-10 (Capital Expenditures) by an additional $7,217 for the change orders associated with ground water
storage tank and increase GL code 95-5410-10 (Professional Services)by$68,500 for architectural and other
professional services. Motion approved 6-0.
14. 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)
Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to approve the architectural
agreement with Randall Scott Architects subject to the deletion of Item 1.5.5 and the resolution authorizing
the Mayor to execute the same. Motion approved 6-0.
EXECUTIVE SESSION
15. Recess into closed session in compliance with Section 551.001 et seq., Texas Government Code
and specifically Section 551.074 to discuss the (1) the appointment and employment of a Town
Manager and (2) the employment, evaluation, duties and/or dismissal of the Interim Town
Manager.
Motioned by Mayor Pro-Tem, seconded by Councilmember Drown to recess into closed session.
Motion approved 6-0.
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Council recessed into closed session at 10:10 p.m.
16. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Councilmember Drown, seconded by Councilmember Wadsworth to reconvene into open
session. Motion approved 6-0.
Motioned by Deputy Mayor Pro-Tern Dritschler, seconded by Turley to reopen the position of Town
Manager by advertising the position on the TML, ICMA, TCMA and Town websites; applications are to be
sent to the Mayor; closing date for the position is the close of business (5:00 p.m.) on March 2, 2007; and
Council will meet to discuss the applications on March 13, 2007.
Motion approved 5-1 with Councilmember Wadsworth abstaining from the vote.
17. Consider and act upon a settlement agreement and release between the Town of Prosper and
the Interim Town Manager. (DM)
Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tern Bristol to table this item until the
February 27, 2007 Town Council meeting.
18. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Mayor Pro-Tem asked that the sewer rates be revisited at a future meeting.
Councilmember Wadsworth requested a proclamation for Joe Jaynes be brought forward at a future meeting.
Deputy Mayor Pro-Tem Dritschler asked that an item to discuss information she received at a TML
conference be on the next agenda.
19. Adjourn.
Councilmember Turley stepped out of the room.
Motioned by Deputy Mayor Pro-Tern Dritschler, seconded by Wadsworth to adjourn. Motion approved 5-0.
Meeting adjourned at 11:40 p.m.
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