04.24.2007 Town Council Minutes MINUTES
Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
TOWN OF Folsom Elementary School(Cafeteria)
SP E Tuesday, April 24, 2007 at 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:05 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger,Mayor Pro-Tem David Bristol, Deputy Mayor Pro-Tem 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; Kirk McFarlin, Police Chief; Amy Lightfoot, Court Clerk; Ron
Butler, Business Manager; and Matthew Denton,Town Secretary.
2. Invocation and Pledge of Allegiance.
The invocation was given by Pastor John Fowler,First Presbyterian Church of Prosper.
Mayor Niswanger led the pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Mayor Niswanger announced Texas Department of Transportation will be conducting a public meeting at Rucker
Elementary on April 30th from 6 p.m. to 7 p.m. for the widening of Preston Road project.
Matt Denton, Town Secretary, announced there would be an election for Mayor, Place 1, and Place 2 on May 12,
2007. Early voting will run from April 30th to May 8, 2007.
Councilmember Turley announced Prestonwood Baptist Church would be having a groundbreaking ceremony on
May 6th at 1:30 p.m.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings.(MD)
• April 4,2007—Joint meeting with the Planning and Zoning Commission
• April 10,2007—Regular Town Council Meeting
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
b. Consider and act upon a resolution authorizing the mayor to execute a Release of Easement for a
previously granted easement to the Town of Prosper by Prosper 380 Coit Partners, Ltd. for First
Street(CR 79). (HW)
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c. Consider and act upon a resolution authorizing the mayor to execute a Release of Easement for a
previously granted easement to Collin County by 162 Prosper L.P. for First Street(CR 79). (HW)
e. Consider and act upon a resolution regarding house bill 2655 in the 80th Texas Legislative
Session which affects certificates of convenience and necessity. (DB)
Mayor Pro-Tern Bristol requested items 4d and 4f be removed from the consent agenda.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Wadsworth to approve the balance of the
consent agenda subject to staff recommendations. Motion approved 7-0.
d. Consider and act upon a resolution allowing the Town Manager to approve the issuance of regular
license plates on exempt vehicles used by the police department. (KM)
FINANCIALS
f. Consider and act upon the financial statements ending March 31,2007.(RB)
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Turley to approve items 4d and 4f subject to
staff recommendations. Motion approved 7-0.
CITIZEN'S 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 8.2± acres on the east side of Coleman
Street, 100± feet north of Seventh Street from Single Family-15 (SF-15) to Planned Development-
Downtown Residential(PD-DTR). (Z07-1). (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tern Dritschler, seconded by Councilmember Smith to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:27 p.m.
Mark Wainscott, owner representative answered questions for council.
Kenneth Head, Head Construction,answered questions for council.
Motioned by Councilmember Turley, seconded by Councilmember Smith to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:45 p.m.
Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to approve item 6 with the
following stipulations: 1. The maximum number of lots shall be 32. Exhibit D is to be amended showing the
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removal of one lot from the northern and middle row of lots, and two lots from the southern row of lots. 2. The
minimum dwelling area shall be 1,600 square feet.
Motion approved 7-0.
7. A public hearing to consider and act upon an amendment to the Zoning Ordinance regarding open
storage requirements,including screening and height. (Z07-7). (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tern Dritschler, seconded by Councilmember Wadsworth to open the public
hearing. Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:50 p.m.
Joe Anselmo spoke regarding the storage issue.
Scott Norris spoke regarding variances to the storage requirements.
Motioned by Deputy Mayor Pro-Tern Dritschler, seconded by Councilmember Smith to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:54 p.m.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Councilmember Wadsworth to approved amending
the Zoning Ordinance with staff recommendations with the following change: Section 3 c. will read "Alternative
types of screening and variances must be reviewed by the Planning and Zoning Commission with recommendation
for approval by the Town Council."
Motion approved 7-0.
DEPARTMENT ITEMS
8. Consider and act upon 1) a service agreement between the Town of Prosper and Everest Financial
Group for Municipal Court Collections on warrants and past due fines over 60 days and 2) a
resolution authorizing the Mayor to execute the same. (AL)
Amy Lightfoot, Court Clerk, gave council background information on this item.
Mark Nieto with Everest Financial Group answered questions for council.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to approve the service agreement
between the Town of Prosper and Everest Financial Group for collection services and a resolution authorizing the
Mayor to execute the same.
Motion approved 7-0.
9. Review the Quarterly Investment Portfolio Summary for the quarter ended March 31, 2007 and
provide direction to Town Staff regarding the various fund distribution. (RB)
Ron Butler, Business Manager, discussed the Quarterly Investment Portfolio Summery with the council.
EXECUTIVE SESSION
10. Recess into closed session in compliance with Section 551.001 et. Seq. Texas Government Code, to
wit:
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a. Section 551.074 to discuss the appointment and employment of a Town Manager.
b. Section 551.074 to discuss Development Services Department staffing.
Motioned by Councilmember Turley, seconded by Councilmember Drown to recess into closed session.
Motion approved 7-0.
Council recessed into closed session at 7:21 p.m.
11. Reconvene into regular session and take any action necessary as a result of the closed session.
Motioned by Councilmember Smith, seconded by Councilmember Drown to reconvene into open session.
Motion approved 7-0.
Council reconvened into open session at 8:26 p.m.
No action was taken as a result of the closed session.
12. Possibly direct Town Staff to schedule topic(s)for discussion at a future meeting.
Councilmember Wadsworth asked that staff find a way to keep track of all Prosper residents serving in the armed
forces.
13. Adjourn.
Motioned by Councilmember Smith, seconded by Councilmember Turley to adjourn. Motion approved 6-0.
The meeting was adjourned at 8:30 p.m.
Attest:
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Matthew D. Denton, TRMC Charles Niswanger, r
Town Secretary
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