03.27.2007 Town Council Minutes MINUTES
I Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
TOWN OF Folsom Elementary School (Cafeteria)
SPER Tuesday, March 27, 2007 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:08 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tem David Bristol (Arrived at 7:30), Deputy
Mayor Pro-Tern Lisa Dritschler, Dave Turley, Kevin Drown, Mike Wadsworth, and Ray Smith.
Staff present included: Rod Hogan, Interim Town Manager; Hulon Webb, Director of Development Services;
Chris Copple, Development and Parks Planner; Ron Butler, Business Manager; Kirk McFarlin, Police Chief;
and Matthew Denton, Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor John Fowler, Presbyterian Church of Prosper.
Mayor Niswanger led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger announced the Prosper churches would be holding an Easter Sunrise Service at Rucker
Elementary on April 8, 2007 at 7:00 a.m.
Matt Denton, Town Secretary, announced there would be an election for Mayor, Place 1 and Place to on May
12, 2007. Early voting will run from April 30th to May 8, 2007.
Mayor Niswanger introduced Rod Hogan,the Interim Town Manager.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings.(MD)
• March 13,2007 Regular Meeting
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
b. 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. 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)
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c. Consider and act upon 1) a Pipeline License Agreement with the Burlington Northern Santa Fe
(BNSF) Railroad and the Town of Prosper regarding the construction of a 27" sanitary sewer
crossing within the BNSF corridor approximately 1,200 feet south of Prosper Trail and 2) a
resolution authorizing the Mayor to execute the same. (IIW)
d. Consider and act upon 1) an Agreement for Encroachment on Easement within the limits of
Whispering Meadows,Phase 1, by and between TXU Electric Delivery Company and the Town of
Prosper and 2)a resolution authorizing the Mayor to execute the same. (IIW)
e. Consider and act upon an ordinance rezoning 99.6±acres at the northeast and southeast corner of
Legacy Drive and West First Street from Agricultural (A) to Retail (R) 22.2± acres, and
Commercial(C) 77.4±acres. (Z06-22) (CC)
FINANCIALS
f. Consider and act upon the financial statements ending February 28,2007.(RoB)
Motioned by Deputy Mayor Pro-Tern Dritschler, seconded by Councilmember Smith to approve the consent
agenda subject to staff recommendations and the corrections on item 4d. Motion approved 6-0.
CITIZEN'S COMMENTS
5. Comments by the Public
There were no comments by the public.
PRESENTATIONS
6. Presentation of a proclamation declaring April 2007 as Sexual Assault Awareness and Prevention
Month in Prosper.
Mayor Niswanger presented a proclamation to The Turning Point for Sexual Assault Awareness and Prevention
Month in Prosper.
6.5 Presentation of a plaque of appreciation to Douglas Mousel.
Mayor Niswanger presented a plaque of appreciation to former Town Administrator and Interim Town
Manager, Doug Mousel. Mayor Niswanger thanked Doug for his years of service to the Prosper community.
REGULAR AGENDA
PUBLIC HEARINGS
7. A public hearing to consider and act upon an amendment to the Subdivision Ordinance regarding
the width of sidewalks and the maximum length of a cul-de-sac. (SA07-02) (IIW)
Hulon Webb, Director of Development Services, presented council information and answered questions on this
item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Turley to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:26 p.m.
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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 6:27 p.m.
Motioned by Councilmember Drown, seconded by Councilmember Smith to approved item 7 subject to staff
commendations and the Planning and Zoning Commission's recommendations. Motion approved 6-0.
8. A public hearing to consider and act upon a request to rezone 16.1± acres at the southwest corner
of Dallas Parkway and West First Street from Agricultural (A) to Commercial Corridor (CC).
(Z07-2) (CC)
Chris Copple, Development and Parks Planner, presented council information and answered questions on this
item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Turley to open the public hearing.
Motion approved 6-0.
Mayor Niswanger opened the public hearing at 6:30 p.m.
Marc Kurbausade, owner representative,was available to answer questions for council.
Motioned by Councilmember Turley, seconded by Deputy Mayor Pro-Tem Dritschler to close the public
hearing. Motion approved 6-0.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Ten Dritschler to approve the
requested zoning. Motion approved 6-0.
DEPARTMENT ITEMS
9. Discuss and provide direction to Town staff regarding submittal of proposed transportation
projects to Collin County for consideration in the November 2007 Collin County bond
election. (HW)
Hulon Webb, Director of Development Services, presented council information and answered questions on this
item.
Council directed staff to make Prosper Trail from the Dallas North Tollway to Coleman Street as the top priority
for submittal to Collin County. The second priority is First Street, from Preston to Coit Road and the third
priority is Coit Road from First Street to Hwy. 380.
10. Consider and act upon 1)a developer's agreement between CC Joint Ventures Ltd.,and the Town
of Prosper and 2)a resolution authorizing the Mayor to execute the same. (HW)
Hulon Webb, Director of Development Services, presented council information and answered questions on this
item.
Dale Clark, CC Joint Ventures representative, also answered questions for council.
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Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve a developer's
agreement between CC Joint Ventures Ltd., and the Town of Prosper and to authorize the Mayor to execute the
same. Motion approved 6-0.
11. Discuss the assessment and/or waiver of impact fees for new Prosper Independent School District
campuses. (RH)
Council directed staff to table this item until the April 16, 2007 joint Town Council/PISD meeting.
12. Discuss the Town's water and sewer rates pertaining to government entities. (RH)
Rod Hogan, gave council background information on this item.
13. Discuss legislative issues impacting municipalities in Texas.(LD)
Deputy Mayor Pro-Tern Dritschler presented council with information pertaining to legislative issues impacting
municipalities in Texas.
14. Discuss the timing of possible changes to the EDC Board. (MW)
Councilmember Wadsworth discussed with council the options for the EDC Board since the election of Ray
Smith to council,there are now two councilmembers on the EDC Board. Council directed staff to bring back an
item at the next council meeting to switch Councilmember Smith and Councilmember Wadworth's terms on the
EDC Board.
EXECUTIVE SESSION
15. 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 Councilmember Smith, seconded by Councilmember Turley to recess into closed session.
Motion approved 6-0.
Council recessed into closed session at 7:29 p.m.
Mayor Pro-Tem Bristol arrived at 7:30 p.m.
16. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 9:05 p.m.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Drown to authorize negotiation committee
comprising of the Mayor and Councilmember Smith to negotiate a contract with the chosen candidate for Town
Manager. Motion approved 7-0.
17. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting.
No action taken.
18. Adjourn.
Motioned by Councilmember Turley, seconded by Councilmember Drown to adjourn. Motion approved 7-0.
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The meeting was adjourned at 9:10 p.m.
Attest:
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M. hew D. Denton, TRMC Charles Niswanger, M. •r
Town Secretary
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