02.27.2007 Town Council Minutes MINUTES
it Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
I TOWN OF Folsom Elementary School (Cafeteria)
SPETuesday, February 27, 2007 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:14 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol, 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; Frank Jaromin, Public Works Director; Ron Butler,
Business Manager; and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor Phil Hamblin, Rhea's Mill Baptist Church.
Mayor Niswanger let the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Matt Denton, Town Secretary, reminded the council and public of the March 3, 2007 Special Election and the
May 12, 2007 General Election.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• February 13,2007 Regular Meeting
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
b. Consider and act upon a resolution opposing H.B. 651; supporting a repeal of the Gas Reliability
Infrastructure Program (GRIP)statute; and joining Cities for Reasonable Gas Rates. (DM)
c. Review of the 2006 Racial Profiling Report for the Prosper Police Department. (KM)
d. Consider and act upon an ordinance amending the Water and Sewer Fund of the Town's FY
2006-2007 budget. (DM)
Page 1 of 6
e. Consider and act upon 1) an agreement with HD Supply WaterWorks, LTD and the Town of
Prosper for the installation of a Fixed Base Utility Management System and water meter
replacement and 2)a resolution authorizing the Mayor to execute the same. (FJ)
Mayor Pro-Tem Bristol requested item 4f be removed from the consent agenda.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Wadsworth to pull item 4f from the consent
agenda and approve the remainder of the consent agenda subject to staff recommendations.
Motion approved 5-0.
FINANCIALS
f. Consider and act upon the financial statements ending January 31,2007. (RoB)
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Drown to approved item 4f subject to staff
recommendations. Motion approved 5-0.
CITIZEN'S COMMENTS
5. Comments by the Public
There were no comments by the public.
PRESENTATIONS
6. Presentation of a proclamation declaring Friday, March 2nd as Read Across America Day in
Prosper.
Mayor Niswanger presented a proclamation to Stacy Cameron, Elementary School Librarian for Prosper ISD,
for Read Across America Day.
REGULAR AGENDA
PUBLIC HEARINGS
7. A public hearing to consider and act upon a request to rezone 99.6± acres at the northeast and
southeast corner of Legacy Drive and West First Street from Agricultural (A) to Retail(R) 22.8±
acres,and Commercial(C) 76.8±acres. (Z06-22) (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Turley to open the public hearing.
Motion approved 5-0.
Mayor Niswanger opened the public hearing at 6:26 p.m.
Scott Norris, property owner, answered questions for council.
Motioned by Councilmember Turley, seconded by Mayor Pro-Tem Bristol to close the public hearing.
Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:30 p.m.
Page 2 of 6
Motioned by Councilmember Drown, seconded by Councilmember Wadsworth to change the zoning for 22.8
acres to Retail (R)and 76.8 acres to commercial(C). Motion approved 5-0.
8. 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.
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tern Bristol to continue the public hearing
from the February 13, 2007 Town Council meeting. Motion approved 4-0.
Mayor Niswanger opened the public hearing at 6:32 p.m.
Robert Meyers, property owner, answered questions for council.
Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to close the public hearing.
Motion approved 4-0.
Mayor Niswanger closed the public hearing at 6:39 p.m.
Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to approve the zoning request
subject to removing the sentence "The use of wood as an accent exterior material shall be limited to a maximum
of ten percent (10%) of the total exterior wall surfaces." from section 1.05 of the Planned Development
standards.
Motion approved 4-0.
Councilmember Turley returned to the dais.
9. A public hearing to consider and act upon an amendment to the Subdivision Ordinance regarding
the procedure for final acceptance. (SA07-1) (11W)
Hulon Webb, Director of Public Services, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Turley to open the public hearing.
Motion approved 5-0.
Mayor Niswanger opened the public hearing at 6:48 p.m.
Scott Norris spoke in favor of the amendment.
Motioned by Councilmember Turley, seconded by Mayor Pro-Tern Bristol to close the public hearing. Motion
approved 5-0.
Mayor Niswanger closed the public hearing at 6:50 p.m.
Motioned by Councilmember Drown, seconded by Mayor Niswanger to approve the amendment to the
Subdivision Ordinance. 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,
Page 3 of 6
Texas, containing approximately 16.11 acres of land, and being more generally located on the
southwest corner of First Street and the Dallas North Tollway. (MD)
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Turley to open the public hearing. Motion
approved 5-0.
Mayor Niswanger opened the public hearing at 6:53 p.m.
There were no comments by the public.
Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to close the public hearing.
Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:54 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 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)
Motioned by Councilmember Turley, seconded by Mayor Pro-Tern Bristol to open the public hearing. Motion
approved 5-0.
Mayor Niswanger opened the public hearing at 6:54 p.m.
There were no comments by the public.
Motioned by Councilmember Drown, seconded by Councilmember Wadsworth to close the public hearing.
Motion approved 5-0.
Mayor Niswanger closed the public hearing at 6:55 p.m.
DEPARTMENT ITEMS
12. Consider and act upon an ordinance adopting and enacting a Code of Ordinances. (MD)
Matt Denton, Town Secretary, gave council background information on this item.
Kirk Franklin, Franklin Publishing, answered questions for council.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Wadsworth to approve the ordinance and
direct staff to forward council the memo from Franklin Publishing answering the legal review questions
presented in the council packet.
Motion approved 5-0.
13. Consider and act upon the appointment of a committee consisting of members of the Town
Council, Planning & Zoning Commission, Parks & Recreation Board, Prosper Economic
Development Corporation, and Town staff to discuss the Mahard Ranch project with the Forest
City development team. (DM)
Motioned by Councilmember Wadsworth, seconded by Council member Turley to appoint the following list to
the committee:
Page 4 of 6
Town Council—Mayor Niswanger and Mayor Pro-Tem Bristol
Planning and Zoning Commission—Mark DeMattia and George Dupont
Parks and Recreation Board—Jan Brown and Loren Moulder
Economic Development Corporation—Jim Campbell and Bob Luckock
Town Staff—Town Manager,Town Engineer and Town Planner
Motion approved 5-0.
14. Consider and act upon a change order to Freese and Nichols, Inc., for the Preston Road Elevated
Storage Tank Project. (HW)
Hulon Webb, Director of Development Services gave council background information on this item.
Jeff Payne, Freeze and Nichols, answered questions for council.
Motioned by Councilmember Turley to deny the change order except for $1850 for the New Boundary Survey
and Additional Geotechnical work. Motion died due to the lack of a second.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Drown to approved the change order for
$1850 for the New Boundary Survey and Additional Geotechnical work and the additional architectural design
not to exceed $6500. Motion denied with the Mayor and Councilmembers Turley and Wadsworth voting"no."
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Turley to deny the change order except for
$1850 for the New Boundary Survey and Additional Geotechnical work. Motion approved 3-2 with
Councilmembers Drown and Wadsworth voting"no."
15. Consider and act upon 1) a developer's agreement between Axxium Land Development,LLC. and
the Town of Prosper and 2) a resolution authorizing the Mayor to execute the same. (DM)
Doug Mousel, Interim Town Manager, gave council background information on this item.
Motioned by Councilmember Turley, seconded by Councilmember Wadsworth to approve the agreement.
Motion approved 5-0.
16. Discuss and provide direction to Town staff regarding potential capital improvements and repairs
to be funded by the Series 2006 Certificates of Obligation.(DM)
Council discussed the priorities for capital improvements to be funded by the Series 2006 Certificates of
Obligation.
17. Discuss the Town's water and sewer rates. (DM)
Council discussed the Town's water and sewer rates.
18. Discuss legislative issues impacting municipalities in Texas. (LD)
Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tern Bristol to table the item until the March
27, 2007 Town Council meeting. Motion approved 5-0.
EXECUTIVE SESSION
19. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit:
Page 5 of 6
a. Section 551.074 to discuss the employment and duties of a Town and Parks Planner.
b. Section 551.074 to discuss the appointment and employment of a Town Manager.
c. Section 551.074 to discuss the employment, evaluation, duties and/or dismissal of the
Interim Town Manager.
Council recessed into executive session at 8:30 p.m.
20. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 9:27 p.m.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Turley to instruct the Mayor to enter into a
severance agreement with the Interim Town Manager. Motion approved 5-0.
21. Consider and act upon 1) a settlement agreement and release between the Town of Prosper and
the Interim Town Manager and 2)a resolution authorizing the Mayor to execute the same.
No action taken.
22. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting.
23. Adjourn.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Drown to adjourn. Motion approved 5-0.
Meeting adjourned at 9:30 p.m.
Attest:
it 4 ! IA/. 40.6 v009;<II II
atthew D. Denton, TRMC 9!1 fi Charles Niswanger, or
Town Secretary ®®x'44" ®F PRE) ,
000®o�®®8m
. A.I
Page 6 of 6