05.22.2007 Town Council Minutes MINUTES
11� Regular Meeting of the Prosper Town Council
800 Somerville Drive, Prosper, Texas
TOWN OF Folsom Elementary School(Cafeteria)
SP E Tuesday, May 22, 2007 at 6:00 p.m.
1. Call to Order/Roll Call.
The meeting was called to order at 6:04 p.m.
Roll call was taken by the Town Secretary.
Council present included: Mayor Charles Niswanger, Mayor Pro-Tern 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; Frank Jaromin, Director of Public Works; 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 led the Pledge of Allegiance.
3. Announcements of dates and times of upcoming community events.
Deputy Mayor Pro-Tern Dritschler reminded the council there is a TML Region 13 meeting planned for June 1,
2007 in Mesquite.
Matt Denton, Town Secretary, informed the council there will be a runoff election held on June 16, 2007 for
Council Place 2.
14. Consider and act upon an ordinance to receive and accept as true and correct the Canvassed voting
results for the General Election held on May 12, 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 requested items 14 and 15 be moved up on the agenda.
Matt Denton,Town Secretary, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Deputy Mayor Pro-Tern Dritschler to accept as true and
correct the Canvassed voting results for the General Election held May 12, 2007 as presented by the Town
Secretary and hereby declare the results of the election to be as set forth in ordinance and that said ordinance should
be adopted.
Motion approved 7-0.
15. Administer Oath and Issuance of Certificate of Election to Elected Councilmembers. (MD)
Matt Denton, Town Secretary, administered the Oath of Office to Councilmember Dave Turley and Mayor Charles
Niswanger.
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Mayor Niswanger signed the Certificates of Elections.
Mayor Niswanger called for a short recess at 6:10 p.m.
Mayor Niswanger called the meeting back to order at 6:24 p.m.
CONSENT AGENDA
4. Consent Agenda
MINUTES
a. Consider and act upon minutes from the following Council meetings. (MD)
• May 8,2007—Regular Town Council Meeting
ORDINANCES,RESOLUTIONS,AND AGREEMENTS
b. Consider and act upon a Resolution ordering a Runoff Election to be administered by the Collin
County Elections Administration on June 16,2007,for the purpose of electing Place 2,to the Town of
Prosper Town Council to fill an expired term. (MD)
c. Consider and act upon an Election Agreement and Contract for Election Services with the Collin
County Elections Administration for the June 16,2007 Runoff Election. (MD)
ANNEXATION PETITIONS
e. Consider and act to accept a petition presented by Lattimore Materials, L.P. to set dates for two
public hearings and call for a service plan for the voluntary annexation of approximately 6.419 acres
of land located in the Collin County School Land Survey,Abstract No.147, and being more generally
located on the southwest corner of Prosper Trail and N. Coleman. (MD)
f. Consider and act to accept a petition presented by Brenda Browning to set dates for two public
hearings and call for a service plan for the voluntary annexation of approximately 20.193 acres of
land located in the Collin County School Land Survey, Abstract No.147, and being more generally
located south of First Street (CR 3) and 230+ feet east of the Dallas North Tollway. (MD)
FINANCIALS
g. Consider and act upon the financial statements ending April 30,2007. (RB)
Mayor Pro-Tern Bristol requested item 4d be pulled from the consent agenda.
Motioned by Councilmember Smith, seconded by Deputy Mayor Pro-Tern Dritschler to approved the balance of the
consent agenda subject to staff recommendations.
Motion approved 7-0.
d. Consider and act upon a resolution concerning proposed restoration of the Town's membership in
the Upper Trinity Regional Water District. (HW)
Hulon Webb, Director of Development Services, gave council background information on this item.
Motioned by Bristol, seconded by Deputy Mayor Pro-Tem Dritschler to approve item 4d.
Motion approved 7-0.
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PRESENTATIONS
5. A presentation recognizing David Lightfoot's promotion to Sergeant. (KM)
Kirk McFarlin, Police Chief, presented David Lightfoot a plaque and sergeant bars for his promotion to Police
Sergeant.
CITIZEN'S COMMENTS
6. Comments by the Public
There were no comments by the public.
REGULAR AGENDA
PUBLIC HEARINGS
7. A public hearing to consider and act upon an amendment to the Zoning Ordinance regarding the
creation of the Downtown Retail District and the amending of the Downtown Residential District,the
Downtown Office District, and the Downtown Commercial District, including, but not limited to, the
permitted uses and development standards. (Z07-8). (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 6:37 p.m.
There were no comments by the public.
Motioned by Mayor Pro-Tem Bristol, seconded by Councilmember Drown to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 6:38 p.m.
Motioned by Councilmember Wadsworth, seconded by Mayor Pro-Tern Bristol to approved the amendment to the
Zoning Ordinance as presented with modification language regarding corner lots in Downtown Retail and
Downtown Commercial districts and such language is to be reviewed by council at the next meeting.
Motion approved 7-0.
8. A public hearing to consider and act upon a request to rezone 32.9±acres from Single Family-15 (SF-
15) to Downtown Commercial (DTC) along McKinley Street; 11.6± acres from Single Family-15 (SF-
15), Office (0), and Downtown Office (DTO) to Downtown Retail (DTR) along Broadway Street,
west of Coleman Street; 2.9± acres from Single Family-15 (SF-15) to Downtown Office (DTO)west of
Coleman Street at Fifth Street; and 9.3± acres from Single Family-15 (SF-15) to Downtown Office
(DTO) east of Coleman Street,along Church Street.(Z07-9). (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Councilmember Smith, seconded by Councilmember Wadsworth to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 7:00 p.m.
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There were no comments by the public.
Motioned by Councilmember Smith, seconded by Councilmember Turley to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:01 p.m.
Motioned by Councilmember Drown, seconded by Councilmember Smith to approve item 8 as shown on Exhibit
"A." Motion approved 7-0.
9. A public hearing to consider and act upon a request to rezone 40.0±acres located 2,500±feet north of
Prosper Trail, on the east side of Dallas Parkway from Single Family-15 (SF-15) to Commercial
Corridor(CC). (Z07-6). (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Councilmember Smith to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 7:03 p.m.
Marty Brown, owner representative, answered questions for council.
Motioned by Councilmember Smith, seconded by Councilmember Drown to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:04 p.m.
Motioned by Deputy Mayor Pro-Tern Dritschler, seconded by to approve the request to rezone to Commercial
Corridor. Motion approved 7-0.
10. A public hearing to consider and act upon a request to rezone 226.5± acres on the north side of
Prosper Trail, 1,200 feet east of Dallas Parkway to amend Planned Development-8 (Lakes of
Prosper) to include an additional 39.5±acres. (Z07-5). (CC)
Chris Copple,Development and Parks Planner, gave council background information on this item.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Councilmember Turley to open the public hearing.
Motion approved 7-0.
Mayor Niswanger opened the public hearing at 7:07 p.m.
Marty Brown, owner representative, answered questions for council.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Councilmember Smith to close the public hearing.
Motion approved 7-0.
Mayor Niswanger closed the public hearing at 7:08 p.m.
Motioned by Councilmember Wadsworth, seconded by Councilmember Drown to approve the amendment to the
PD. Motion approved 6-1 with Turley voting"no."
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11. A public hearing to consider and act upon an amendment to the Zoning Ordinance regarding
Chapter 1, Section 8.4(B) — Changes and Amendments to all Zoning Ordinances and Districts and
Administrative Procedures. (Z07-10). (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 7-0.
Mayor Niswanger opened the public hearing at 7:26 p.m.
There were no comments by the public.
Mayor Niswanger left the council chambers.
Motioned by Deputy Mayor Pro-Tem Dritschler, seconded by Councilmember Smith to close the public hearing.
Motion approved 6-0.
Mayor Pro-Tem Bristol closed the public hearing at 7:27 p.m.
Motioned by Mayor Pro-Tern Bristol, seconded by Councilmember Smith to approve the amendment to the Zoning
Ordinance as recommended. Motion approved 6-0.
12. 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, recommended this item be tabled until the June 26, 2007 Town
Council Meeting.
Motioned by Deputy Mayor Pro-Tern Dritschler, seconded by Councilmember Wadsworth to table the item until
the June 26, 2007 Town Council Meeting.
Motion approved 6-0.
13. 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, recommended this item be tabled until the June 26, 2007 Town
Council Meeting.
Mayor Niswanger returned to the council chambers.
Motioned by Deputy Mayor Pro-Tern Dritschler, seconded by Councilmember Smith to table the item until the June
26, 2007 Town Council Meeting.
Motion approved 7-0.
DEPARTMENT ITEMS
16. Consider and act upon a change order to Red River Construction Company, Inc., for the Pump
Station and 3 MG Ground Storage Tank Project. (HW)
Hulon Webb, Director of Development Services, requested this item be tabled until the staff is ready to bring it
forward for consideration.
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Motioned by Councilmember Turley, seconded by Mayor Pro-Tem Bristol to table the item until such time as staff
is ready to bring it back to council.
Motion approved 7-0.
17. Consider and act upon the appointment of a Town Council liaison to the Prosper Parks and
Recreation Board. (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Motioned by Councilmember Wadsworth, seconded by Councilmember Smith to table the item until the June 12,
2007 Town Council Meeting.
18. Discuss the scheduling and maintenance of the Town's sports fields. (CC)
Frank Jaromin, Director of Public Works, gave council background information on this tiem.
Lloyd Mills, Prosper Area Soccer Organization, addressed the council on various issues with the sports fields.
Brian Griffin, Prosper Sports Association, addressed the council on various issues with the sports fields.
Council discussed the issues and decided the issues should be addressed between the Parks and Recreation Board,
Staff, and the sports organizations and then brought back to council for approval.
19. Discuss the appointment of a liaison to communicate between the Town Council and the Planning &
Zoning Commission. (CC)
Chris Copple, Development and Parks Planner, gave council background information on this item.
Council did not appoint a liaison to the Planning and Zoning Commission.
20. Update to Town Council regarding the 2007 Collin County Transportation Bond Committee
Meetings and discuss the proposed addition of a project to the 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, gave council an update on the transportation projects being
considered for the Collin County Bond Election.
Chris Blair, 841 Sibyl, addressed the council on this item.
EXECUTIVE SESSION
21. 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.
Council recessed into closed session at 8:47 p.m.
22. Reconvene into regular session and take any action necessary as a result of the closed session.
Council reconvened into regular session at 9:15 p.m.
No action taken as a result of closed session.
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23. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
Deputy Mayor Pro-Tern Dritschler asked that the following items be placed on a future agenda:
• Formation of a neighborhood council
• Formation of a committee for an annual Town celebration
• A resolution or ordinance addressing cable or DSL franchise agreements for the older parts of
town.
Councilmember Smith requested a smoking ordinance be placed on a future agenda.
Councilmember Wadsworth requested a discussion item on how the Town can use the 57 acres it recently
purchased for practice facilities by the spring of 2008.
24. Adjourn.
Motioned by Councilmember Smith, seconded by Councilmember Turley to adjourn.
Motion approved 7-0.
Meeting adjourned at 9:18 p.m.
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