03.13.2007 Town Council Minutes P MINUTES
II% Regular Meeting of the Prosper Town Council
800 Somerville Drive,Prosper, Texas
I P TOWN OF Folsom Elementary School (Cafeteria)
SR P E Tuesday, March 13, 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, Deputy Mayor Pro-Tern
Lisa Dritschler, Dave Turley, Kevin Drown, and Ray Smith.
Staff present included: Hulon Webb, Director of Development Services; Chris Copple, Development and Parks
Planner; Ron Butler, Business Manager; Bryan Ausenbaugh, Building Official; Ronnie Tucker, Fire Chief; and
Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The Invocation was given by Pastor Matt Surber, Prestonwood Baptist Church.
Mayor Niswanger let the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Matt Denton, Town Secretary, announced there would be a general election held May 12, 2007 for Council
Places 1, 2 and the Mayor.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings.(MD)
• February 27,2007—Regular Meeting
ORDINANCES,RESOLUTIONS AND AGREEMENTS
b. Consider and act upon 1) a Collateral Assignment of Impact Fee Agreement with Consent to
Assignment between Saddle Creek Investments, Ltd., the Town of Prosper, and Independent
Bank and 2) a resolution authorizing the Mayor to execute the same.
c. Consider and act upon Interjurisdictional Mutual Aid Agreement between Prosper and
Denton County. (RT)
III d. Consider and act upon an ordinance for 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 generally located west of Coit Road and on the north side of
Prosper Trail (MD)
Page 1 of 5
e. Consider and act upon adoption of an ordinance amending Subdivision Ordinance No. 03-05
regarding the procedure for final acceptance. (SA07-1). (HW)
g. 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)
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro-Tem Dritschler to pull item 4f. Motion
approved 5-0.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Mayor Pro-Tem Bristol to approve the remainder
of the consent agenda subject to staff recommendations. Motion approved 5-0.
f. Consider and act upon an ordinance rezoning 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.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Drown to approved item 4f subject to staff
recommendations. Motion approved 4-0.
11. Consider and act upon an ordinance to receive and accept as true and correct the Canvassed
voting results for the Special Election held on March 3, 2007 as presented by the Town
Secretary and hereby declare the results of the election be set forth in an ordinance and that
said ordinance should be adopted. (MD)
Mayor Niswanger moved items 11, 12, and 13 forward in the agenda.
Matt Denton,Town Secretary, gave council background information on this item.
Motioned by Mayor Pro-Tem Bristol, seconded by Deputy Mayor Pro-Tem Dritschler to approve the ordinance
as a true and correct Canvass of the voting results for the Special Election held on March 3, 2007 as presented
by the Town Secretary and hereby declare the results of the election be set forth in an ordinance and that said
ordinance should be adopted. Motion approved 5-0.
12. Administer Oath to Elected Council Member. (MD)
Matt Denton,Town Secretary, administered the Oath to elected Councilmember Ray Smith.
13. Issuance of Certificate of Election to Elected Council Member. (MD)
Mayor Niswanger presented the Certificate of Election to Councilmember Smith.
Councilmember Smith took his seat at the dais.
PRESENTATIONS
5. A presentation by Lockwood, Andrews & Newman, Inc., regarding the schematic design of the
SH 289(Preston Road)Project. (HW)
Page 2 of 5
Joe Atwood with Lockwood, Andrews & Newman gave a presentation and answered questions regarding the
schematic design of the SH 289 Project.
6. Recognition of Gary Castleberry of Dave R. Williams Homes as the recipient of the Building
Inspection's 2006 Builder of the Year Award and of Wren O'Neal of Highland Homes as First
Runner-Up and Richard Benker of David Weekley Homes as Second Runner-Up of the Award.
(BA)
Mayor Niswanger presented the Builder of the Year Awards.
CITIZENS' COMMENTS
7. Comments by the Public
Joseph Fridland, 1411 Millers Creek Drive, spoke to council regarding the side slope for his residence.
REGULAR AGENDA
PUBLIC HEARINGS
8. A public hearing to consider and act upon a request to rezone 0.24± acres of land located on
the northeast corner of Church Street and Second Street (209 Church Street), from Single
Family-15 (SF-15) to Downtown Office(DTO). (Z06-20) (CC)
Chris Copple, Development and Parks Planner, informed the council staff is recommending this item be tabled
until the May 22, 2007 Town Council meeting.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Councilmember Turley to table the item until the
May 22, 2007 Town Council meeting. Motion approved 6-0.
9. A public hearing to consider and act upon a request to rezone 15.3± acres of land located on
the northeast corner of Fifth Street and the BNSF Railroad, from Single Family-15 (SF-15) to
Industrial(I). (Z06-15) (CC)
Chris Copple, Development and Parks Planner, informed the council staff is recommending this item be tabled
until the May 22, 2007 Town Council meeting.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Smith to table the item until the May 22,
2007 Town Council meeting. Motion approved 6-0.
10. 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 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 Councilmember Turley, seconded by Mayor Niswanger to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 7:03 p.m.
There were no comments by the public.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Mayor Pro-Tem Bristol to close the public
hearing. Motion approved 6-0.
Page 3 of 5
Mayor Niswanger closed the public hearing at 7:04 p.m.
DEPARTMENT ITEMS
14. Consider and act upon change order #2 to Freese and Nichols, Inc., for the Preston Road
Elevated Storage Tank Project. (HW)
Hulon Webb, Director of Development Services, presented background information and answered question on
this item.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Councilmember Smith to approve the change
order for $8500 for the design changes. Motion failed 2-4 with the Mayor, Turley, Drown and Bristol voting
"no".
Motioned by Mayor Pro-Tem Bristol, seconded by Deputy Mayor Pro-Tern Dritschler to approve the change
order for$6500 for the design standards. Motion approved 5-1 with Turley voting"no".
15. Consider and act upon payment to Upper Trinity Regional Water District for the Preliminary
Engineering Design Study for the Northeast Regional Water Reclamation System — Doe
Branch of the Upper Trinity Regional Water District. (HW)
Motioned by Deputy Mayor Pro-Tern Dritschler, seconded by Mayor Pro-Tern Bristol to approve a payment of
$62,500 to Upper Trinity Regional Water District for the Preliminary Engineering Design Study for the
Northeast Regional Water Reclamation System—Doe Branch of the Upper Trinity Regional Water District.
Motion approved 6-0.
16. Consider and act upon the assessment and/or waiver of impact fees for the new Prosper
Independent School District middle school.
Motioned by Mayor Pro-Tern Bristol, second by Councilmember Smith to table the item until the next Joint
PISD/Town Council meeting. Motion approved 6-0.
17. Consider and act upon the appointment of a representative of the Prosper Independent School
District and the Town Attorney to the Mahard Ranch Development Committee.
Motioned by Deputy Mayor Pro-Tern Dritschler, seconded by Councilmember Turley to appoint Maureen Patin
from the Parks and Recreation Board, the Town Attorney, and Drew Watkins to the Mayhard Ranch
Development Committee. Motion approved 6-0.
18. Consider and act upon a resolution authorizing individuals named in the resolution to endorse
checks and orders for the payment of money or otherwise withdraw or transfer funds on
deposit with the Financial Institution named in the resolution and exercise all of the powers listed
in the resolution. (RoB)
Motioned by Councilmember Drown, seconded by Councilmember Turley to approved agenda item 18. Motion
approved 6-0.
19. Consider and act upon a resolution amending the representatives authorized to make
transactions associated with the Town's account with TexPool. (RoB)
Motioned by Mayor Pro-Tern Bristol, seconded by Mayor Niswanger to approved the resolution amending the
representatives authorized to make transactions associated with the Town's account with TexPool. Motion
approved 6-0.
Page 4 of 5
EXECUTIVE SESSION
20. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code,
to wit:
a. Section 551.074 to discuss the employment and duties of a Development Planner and a
Parks Planner.
b. Section 551.074 to discuss the appointment and employment of an Interim Town Manager.
c. Section 551.074 to discuss the appointment and employment of a Town Manager.
Council recessed into executive session at 7:38 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 9:25 p.m.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Smith to direct the Director of Development
Services to conduct a review and reclassify the Development and Parks Planner.
Motion approved 6-0.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Councilmember Smith to authorize the Mayor to
sign an agreement to subcontract the Interim Town Manager with the City of Plano subject to Town Attorney
review.
Motion approved 6-0.
22. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Deputy Mayor Pro-Tern Dritschler asked that the legislative issues item and waiving of the impact fees for PISD
be placed on a future agenda.
Mayor Pro-Tern requested an item be placed on a future agenda regarding painting the existing water towers at
the same time the new water tower is painted. Mayor Pro-Tern Bristol also requested the establishing of water
and sewer rates for government entities be on a future agenda.
Councilmember Mike Wadsworth asked for a 3/27 agenda item to discus the timing of possible changes to the
EDC Board, as with Councilmember Smith's election,the Board now has two Councilmembers on it.
23. Adjourn.
Motioned by Councilmember Smith, seconded by Councilmember Drown to adjourn. Motion approved 6-0.
The meeting was adjourned at 9:30 p.m. ,,�iOt M/it
Attest: ```0 OF PAOS�®�1,
I ▪ z
/ ▪ s•
i .tthew D. Denton, TRMC ��® ®®®® Charles Nis .nger, or
Town Secretary 1�'o�I®I AcJ' ®(40%
Page 5 of 5